(A) Private property.
(1) Any person owning, or having charge of, land within the village shall keep such property free and clear from all noxious weeds and rank vegetation, and shall cut all weeds and vegetation on the property owned or controlled by him or her at least three times in each year, once by June 1, once again by July 15, and once again by August 30, and such weeds and vegetation on such property shall, at no time exceed 12 inches in height. Further, if any such weeds and vegetation on such property exceeds the maximum allowable height of such weeds and vegetation hereunder before said dates required for the cutting thereof, then, and in that event, the person owning, or having charge of, land upon which said weeds and vegetation are growing shall cut all such weeds and vegetation on the property owned or controlled by him or her upon notice by the village.
(2) LITTER, as used in this section, includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature. Any person owning, or having charge of, land within the village shall keep such property free and clear of litter.
(3) (a) All properties in the village will be inspected by June 1 each year. Upon notification or information that noxious weeds or rank vegetation are growing up on lands within the village and are about to spread or mature seeds, or, in the alternative, exceed 12 inches in height as set forth in division (A)(1) above, the Council shall cause written notice to be served upon the owner, or person having charge of such land, that such weeds shall be cut and destroyed within ten days after service of the notice. If the violation has been corrected within ten days, the owner, or person in charge, of the property shall notify the Village Clerk, in writing.
(b) Notice shall be effectuated by certified mail or registered mail service; however, if the address of the owner, or person in charge, of the land is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the county.
(4) Upon notification or information that litter exists or is cumulating upon lands in the village, the Council shall cause written notice to be served upon the owner, or person having charge, of such land, that such litter shall be disposed of within ten days after service of the notice. If the violation has been corrected within ten days the owner, or person in charge, of the property shall notify the Village Clerk, in writing. Notice shall be effectuated by certified mail or registered mail service; however, if the address of the owner, or person in charge, of the land is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the county.
(5) (a) If the owner, or person having charge, of such land fails to comply with the required notice, the Council shall cause the noxious weeds or rank vegetation to be cut and destroyed, or shall cause the litter to be retrieved and picked up. All expense and labor costs shall, after approval by the Council, be paid out of village funds, not otherwise appropriated.
(b) After expenditure of funds to effectuate the results set forth in division (A)(5)(a) above, the Council shall make a written return to the County Auditor of its action under this section, with a statement of the charges for its services, the amount paid for labor, the fees of officers serving notices, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and shall become a lien upon the lands from, and after, the date of the entry, and shall be collected as other taxes and returned to the village to the General Fund.
(B) Vacated property.
(1) Any vacated property owner within the village that has grass or weeds that have grown 12 inches or more will be notified by regular mail to the last known address given by the County Auditor’s Office, and by placing notification in an area that is easily observed by anyone who passes by that he, she, or they have five days to cut the grass or weeds to an acceptable level of less than 12 inches.
(2) After notification has been mailed and posted, and the five-day grace period has passed, and no action has been taken to cut the grass or weeds, the village will cut the grass and/or weeds with village employees and village-owned equipment at the owner’s expense.
(3) The cost for the village to cut the grass or weeds with village employees and village owned equipment will be as follows:
(a) One hundred fifty dollar administrative fee, and $100 per hour for one village employee and equipment;
(b) Any other employees that are needed will be billed at the same rate; and
(c) If any other equipment is needed, it will be billed at current FEMA prices for that piece of equipment.
(4) The employee that will cut the grass and/or weeds will keep track of the time spent and equipment used on a form provided by the village, and upon completion will turn in the form to the Village Administrator as soon as possible when the job is complete.
(5) When the Administrator receives the form, he or she will prepare an invoice for the $150 administrative fee and the hours calculated by the employee doing the work, and any other equipment that is needed to perform the job. The invoice will then be sent to whoever’s name is listed on the County Auditor website for that address of the vacated property.
(6) If the bill is not paid within a 30-day period from when it was mailed, then the Administrator may turn the bill over to the County Treasurer for tax collection, plus 10% for collection and administrative fees, or the invoice may be held until such time that the vacated property is claimed.
(Ord. 511, passed 5-7-1990; Ord. 895, passed 8-3-2015) Penalty, see § 90.99