A. Nuisance Declared: Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, wild lettuce, smartweed, dog fennel, wild carrot, wild parsnip, hogweed, dandelion, or other weeds of a like kind or grass of any description in excess of six inches (6") high found growing in any lot or tract of land in the village are hereby declared to be a nuisance. It shall be unlawful for any person to permit any such weeds or grass to grow or remain in any such place. (Ord. 2006-75, 11-8-2006)
B. Notice To Remove: It shall be the duty of the chief of police, or any other officer appointed by the chief of police, to serve or cause to be served a notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of this section and to demand the abatement of the nuisance within five (5) days. Notice shall be deemed sufficient if delivered to an adult resident occupying the premises that is in violation of this section. If the property is vacant, notice shall be deemed sufficient if a copy of the notice is mailed to the last known address of the owner of the property and a copy of the notice is posted on the property. The notice to remove may provide that the clippings are required to be bagged or otherwise removed from the property and legally disposed of. (Ord. 2015-12, 6-10-2015)
C. Nuisance Abatement By Village; Costs To Owner: If the person served a removal notice pursuant to subsection B of this section does not abate the nuisance within five (5) days, the village may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant.
D. Lien Provisions:
1. Charges for such weed removal shall be a lien on the premises. The village clerk shall file a statement of lien claim with the county recorder of deeds within sixty (60) days after the expense or cost of cutting is incurred if the expense or cost has not been paid by such date. The statement shall contain a legal description of the premises, the expense and cost incurred, the date the weeds were cut, and a notice that the village claims a lien for the amount.
2. Notice of such lien claim shall be mailed to the owner of the premises, if his/her address is known; provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided in subsection D3 of this section.
3. Property subject to a lien for unpaid weed cutting charges or fines shall be sold for nonpayment of the lien, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the village. (Ord. 2006-75, 11-8-2006)