(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NOXIOUS WEEDS. Are Canada thistle (cirsium arvense), johnson grass (sorghum halepense), columbus grass (sorghum almum), bur cucumber (sicyos angulatus), and/or shattercane (sorghum bicolor moench spp. Drummondii dewet).
RANK VEGETATION. Any lawn, grass, or other plant used as ground cover exceeding the height of eight inches.
(B) No person, after having been notified by the code enforcement officer, shall permit or cause to be maintained upon his or her premises noxious weeds or rank vegetation.
(C) It shall be the duty of the owner, occupant, or agent in charge of any land in the municipality to remove from that land any noxious weeds or rank vegetation within ten days after receipt of notice to do so, unless the notice of violation is appealed to the Town Council within the time.
(D) Notice under this section shall be deemed received on the date of actual receipt and, in the absence of evidence of such actual receipt, three days following transmittal of such notice by first class U.S. Mail, postage prepaid.
(E) The Town Marshal shall be responsible for administration of this section in cooperation with any other town employees reasonably necessary.
(F) If the noxious weeds and/or rank vegetation are not removed as provided and within the time so specified by the notice required by division (C) above, the Town Marshal shall cause their removal and the owner of the property shall be held liable to the town for the actual cost incurred for the removal of the weeds, in addition to administrative costs in the amount of $150 per occurrence.
(G) If the violation is abated by the town, it shall send a bill to the owner by first class U.S. Mail, postage prepaid, for the removal and administrative costs, which bill may be appealed to the Town Council within ten days of receipt.
(H) The bill shall be due and payable to the Clerk-Treasurer within 15 days of receipt or denial of appeal of same to the Town Council.
(I) If the owner of real property fails to pay a bill issued hereunder within the time specified, the Town Marshal shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(J) The town also has the authority to post a notice of continuous abatement on an owner’s real estate as opposed to continuously serving an owner with an abatement notice. In such an event, the initial notice must include a statement saying that if there are further violations of the tall grass or weed provisions throughout the year and the town mows the weeds or tall grass on the owner’s behalf, the town will post a notice of continuous abatement on the real estate and will not be required to serve via mail or other accepted form of service. The town will charge the costs of the nuisance abatement to the owner and collect those costs, including the authority to file a lien against the property to ensure payment.
(K) Any right to appeal under this section may be initiated by submitting a written request to the Clerk-Treasurer to be placed on the agenda of the next regular Town Council meeting for such purposes. Further action shall be stayed pending findings of the Town Council.
(Ord. 10-06-01, passed - -2010; Ord. 8-13-2013-02, passed 9-10-2013)