905.05 ABATEMENT AND ASSESSMENT OF COST BY VILLAGE.
   (a)    Abatement and Assessment. If the public nuisance is not abated within the required time, the Director of Public Service and Safety or their designer may enter the property to abate the nuisance and enforce the provisions of this section. After the public nuisance is abated, the Village shall give notice by certified mail to the owner or person in control at the last known address to pay the cost of such trimming or removal of weeds, grasses, or litter, which notice shall be accompanied by a statement of the amount of the cost of such trimming and removal, as well as a fifteen percent (15%), but not less than twenty-five dollars ($25.00), processing charge. In the event the same is not paid within thirty (30) days after the mailing of the notice, then the amount shall be assessed as provided in subsection (c) hereof.
   (b)   Appeal. Any owner or person in control may appeal the assessment of the cost of abating the nuisance and of the associated processing charge. In order to perfect such an appeal, the owner or person in control shall file, within fifteen (15) days after the mailing date of the notice, an appeal to the Village Council. Council shall then review the matter and render a final determination after affording the owner or person in control an opportunity to be heard either in person or writing. Except to the extent otherwise appealable by law, Council's decision shall be final. The owner or person in control shall be given notice of Council's decision by certified mail at the last known address.
         The filing of an appeal shall toll the thirty (30) day payment period provided for in subsection (a) hereof. In the event the owner or person in control loses their appeal in whole or in part, payment in full shall be made to the Village within ten (10) days after the mailing of the notice of Council's decision. If payment is not received by the Village in the time provided, then the amount shall be assessed as provided in subsection (c) hereof.
   (c)    Lien Upon Property. The Village Auditor shall certify in written to the County Auditor the action taken under the preceding sections, with a statement of the charges for labor, material, and equipment incurred in the cutting and removing of the noxious weeds and litter, and the processing charge as specified above, along with a proper description of the premises. The amounts shall be entered upon the tax duplicate as a weed cutting, tree trimming and/or litter removal assessment and be a lien upon the land from and after the date of entry and be collected as other taxes and returned to the Village with the General Fund settlements.
    If, after the Village abates the public nuisance, the owner or person in controls continues to fail to comply with Chapter 905 and the Village incurs additional expenses abating such public nuisance, the Village may certify all such additional amounts to the County Auditor, to be placed upon the tax duplicate and collected and paid back to the Village.
   (d)   Collection. At its sole discretion, the Village may take such other action permitted by law to collect any outstanding amounts due to the Village for abatement of the public nuisance.
(Ord. 21-2024. Passed 8-22-24.)