(a) Every owner, occupant or person in control of any lot or parcel of land in the Municipality shall cause such lot or parcel of land to be kept free, for a distance of not less than fifty feet from any dwelling, building, structure or public roadway, including ditches and tree lawns, and/or alternatively, a total area of 20,000 square feet from the roadway, whichever is greater, of any and all noxious weeds, grass and woody vegetation by cutting, by digging them under or by any other method approved by the Building Commissioner, unless such vegetation is part of a riparian or wetland setback as defined in Chapter 1492 or part of a deed restricted conservation area.
(b) Every owner, occupant or person in control of any lot or parcel of land shall also cause that portion of such lot or land, which lies within fifty feet of any dwelling, building or structure or public roadway located on any contiguous lot or parcel of land, and/or alternatively, 20,000 square feet from the roadway, whichever is greater, to be maintained and kept free of all such noxious weeds, woody vegetation, underbrush and nonedible grass in excess of six inches unless such vegetation is part of a riparian or wetland setback as defined in Chapter 1492 or part of a deed restricted conservation area.
(c) The Building Commissioner, upon notification of a violation of subsection (a) or (b) hereof, shall cause written notice to be mailed by certified mail to the tax mailing address of the owner of such land or by posting a notice on the parcel notifying him or her that noxious weeds, grass and woody vegetation, are growing on such land and that the same must be cut within five days after such notice is mailed or posted. One notice per calendar year shall be considered notice for the entire calendar year.
(d) Upon failure to comply within the prescribed five day period, the Building Commissioner shall cause the noxious weeds, grass and woody vegetation, to be immediately cut by the direct employment of labor or by the Municipal employees and shall thereafter give notice to the owner of such parcel by certified mail at his or her tax mailing address or by posting a notice on the parcel to pay the costs of such cutting of weeds, grass and woody vegetation, which notice shall be accompanied by a statement of the amount of cost incurred. If such statement is not paid within thirty days after the mailing of such notice, then a collection cost of seventy dollars ($70.00) shall be added thereto, and such amount shall be certified to the County Auditor for collection in the same manner as other taxes and assessments are collected. The remedy provided for herein shall be in addition to the penalty provided for in subsection (e) hereof.
(e) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. The penalty shall be as provided in Section 698.02.
(Ord. 1976-198. Passed 12-1-76; Ord. 97-189. Passed 10-21-97; Ord. 02-73. Passed 6-18-02; Ord. 05-10. Passed 2-1-05; Ord. 09-67. Passed 7-7-09.)