(a) Any person owning or having charge of land within the municipality shall keep such property free and clear from any noxious overgrowth, with any part thereof upon or overhanging a public street, sidewalk, or alley, otherwise, the City shall cause such noxious overgrowth to be trimmed or cut down and removed in accordance with this section and assess the cost thereof against the owner of such lot or parcel of land.
(b) For the purposes of this chapter, noxious overgrowth shall include but not limited to:
(1) Any tree, plant, or shrubbery that does not maintain a vertical clearance of eight feet above any alley, street, or sidewalk.
(2) Dead, decayed, or broken tree, plant, or shrubbery or part thereof, that is a danger to fall onto a street, sidewalk or alley.
(3) Any tree, plant or shrubbery, or any part thereof, that prevents a clear and unobstructed view of traffic from all directions at any street intersection, or that presents a danger to vehicles or pedestrians using such street, alley or sidewalk.
(4) Any planting that otherwise is growing in a manner that is creating a nuisance.
(c) Such owner or the person having charge of the land shall trim or cause to be trimmed such trees, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street, sidewalk, or alley is maintained.
(d) Such owner or the other person having charge of the land shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery or part thereof, so that the same shall not fall to the street or sidewalk.
(e) Such owner or the other person having charge of the land shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using ·such street, alley or sidewalk.
(f) Upon written information that noxious overgrowth is present on a street, alley, sidewalk or public place in the municipality council (through its clerk) shall cause written notice to be served on the owner, lessee, agent, or tenant having charge of such land, notifying such person that noxious overgrowth is growing on such lands and that the noxious overgrowth must be remedied within five days after service of such notice.
(g) If the owner or the other person having charge of the land is a nonresident of the municipality whose address is known, the notice shall be sent to his or her address by certified mail. If the address of the owner or other person having charge of the land is unknown it is sufficient to publish the notice once in a newspaper of general circulation in the County.
(h) Any police officer, zoning inspector, or the Clerk of Council, may make service and return of the notice provided fofin subsection (f) hereof.
(i) If the owner, lessee, agent or tenant having charge of the lands mentioned in subsection (f) hereof fails to comply with the notice required by such section, Council (through its Clerk) shall cause such noxious overgrowth to be remedied and may employ the necessary labor to perform the task. All expenses incurred shall be paid out of the money in the treasury of the Municipality not otherwise appropriated. Such costs shall be at the owner's expense, and that cost, together with an administrative fee of one hundred dollars ($100.00) shall be assessed against the lot or land.
(j) The Council, (through its clerk) shall make a written return to the County Auditor of its action under subsections (c) through (g) hereof with a statement of the charges for the services. the administrative cost incurred, the amount paid for labor, and a proper description of the premises. These amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the Municipality's general fund.
(k) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 63-2022. Passed 12-19-22.)