(a) In the event that any person owning or occupying any lot, tract or parcel of property within the City, including the premises located between the sidewalk and roadway, fails to perform his or her duty to cut and remove dirt, rubbish, debris, weeds, brush, trees, plant growth, filth, grass, or any other deleterious material therefrom, as required in Section 1113.07, the Health Officer or the Director of Public Works or his authorized representative, shall cause a citation and/or warrant to be issued against any such person owning or occupying such lot, tract or parcel of land.
In addition the Health Officer or the Director of Public Works or his authorized representative shall give or cause to be given in writing to any person owning or occupying such lot, land or property, notice to remove such dirt, rubbish, debris, weeds, brush, trees, plant growth, filth, grass or any other deleterious material from such lot or parcel of land, within seventy-two hours from the date of the serving, mailing or publication of the notice provided for herein.
(b) Unless within seventy-two hours provided for in subsection (a) hereof, the dirt, rubbish, debris, weeds, brush, trees, plant growth, filth, grass or other deleterious material is removed from such lot, land or property as directed by such notice, the Health Officer or the Director of Public Works or his duly appointed representative, shall have the option to cause the same to be removed by the agents or employees of the City, or otherwise as he may decide, in which event the Director shall report the cost of cutting and removal to the Finance Director, who shall immediately mail a bill, voucher or statement of such cost to the person owning or occupying such lot, land or property and the bill, voucher or statement shall be due within ten days of the date of the mailing of the bill, voucher or statement.
(c) The notice referred to in subsection (a) hereof shall be sufficient and shall be deemed to have been given when a written notice is delivered in person to the owner or occupant, or deposited in the United States mail addressed to the owner or occupant at his or her last known address or by any of the methods prescribed for the service of process issued by the clerk of a circuit court of the State.
(d) No error in the name of the property owner, the description of the property nor in the materials designated to be cut and removed shall affect the validity of any such notice, provided that from the description of such lot, land or property, the identity thereof may be established within reasonable certainty.
(e) The payment of the amount so chargeable to the owner shall not relieve him or her of any fine imposed under the provisions of this article or constitute a defense against any violation of the provisions of Section 1113.07. Each day of failure to comply with the provisions of Section 1113.07 shall constitute a separate and distinct offense.
(Ord. 0-1038. Passed 10-22-02.)