(A) No person may cause or allow on premises under his or her control, including curbs, rights-of-way, roadside ditches on all sides of the property, one-half of alleyways, and grass strips from the sidewalk abutting such premises, any overgrowth of weeds, grasses or other plants or bushes, noxious growth or overhanging shrubbery, trash, garbage, offal, stagnant water, building materials, glass, wood or other matter that becomes or threatens to become a fire hazard, harboring place for rats, mice, snakes or other vermin, or otherwise poses a danger to the public health or safety.
(B) Without limiting the generality of the foregoing, no person may cause, suffer or permit on premises under his or her control the growth of weeds or grass to a height of 18 inches or more within 100 feet of any structure.
(C) Notwithstanding division (A) or (B), the Town Administrator, through the department designated by him or her, may cause the immediate removal of any shrubbery and trees from street rights-of-way and may also cause the removal of dangerous plantings and limbs from such rights-of-way.
(D) Every railroad company whose tracks extend within the limits of this town shall keep the ditches or gutters on both sides of and between such tracks on its right-of-way clear of noxious growth, trash, garbage and filth of every kind and so graded that the water will not stink or become stagnant in such ditches or along tracks.
(E) It shall be the duty of the Code Enforcement Officer to summon the owner of such premises in violation of divisions (A) through (D). If, after fully hearing the matter and any statement the owner may make and any testimony he or she may offer on his or her behalf concerning such matters, the Code Enforcement Officer should find such premises or lot in a condition tending to injure the public health, the Code Enforcement Officer shall issue a written order or notice directed to the owner, directing and requiring him or her within a certain specified time to clear such premises or lot in order to abate such nuisance.
(F) If any person who was ordered to abate a nuisance pursuant to this section fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the last order relating thereto, the Town Administrator shall cause the condition to be removed or otherwise remedied by having employees of the town or a private contractor designated by the Town Administrator go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee or a private contractor designated by the Town Administrator. As to the uncontrolled growth of noxious weeds, bushes, undergrowth or grass to height in excess of 18 inches causing or threatening to cause a hazard detrimental to the public health or safety, any time within the calendar year in which notice was given that the condition is found to exist, the condition is to be removed or otherwise remedied as set forth below:
(1) Any person who has been ordered to abate a nuisance may within the time allowed by this section request the town in writing to remove the condition, the cost of which shall be paid by the person making the request;
(2) The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land and it shall be the duty of the Town Clerk or other appropriate town official to mail a statement of the charges to the owner or other person in possession of the premises with instructions that the charges are due and payable within 30 days from receipt thereof;
(3) If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in division (F)(2), the charges shall be entered as a judgment lien upon the land or premises where the public nuisance was located; and
(4) If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in division (F)(3), the charges shall also become a lien upon any other real property owned by the person in default within the county just as any other money judgment, except for the person's primary residence, and shall be entered by the Clerk of Court as a judgment on the County Judgment Roll. A lien established pursuant to this division shall be collected as a money judgment. This provision shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
(G) In this section the term NUISANCE means the doing of an unlawful act, the omitting to perform a duty or the suffering or permitting any condition orthing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others;
(2) Is offensive to the senses;
(3) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(4) In any way renders other persons insecure in life or the use of property; or
(5) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ord. 77-09, passed - -77; Am. Ord. 95-17, passed 11-14-95; Am. Ord. 99-05, passed 6-7-99; Am. Ord. 13- 11, passed 1-6-14) Penalty, see
§ 10.99