(a) The owner, occupant or person having the charge of management of any lot or parcel of land situated within the corporate limits, whether the same is improved or unimproved, vacant, or unoccupied, within five (5) days of written notice to do so, served upon him or her by the Building Inspector of the City of Vermilion, shall cut or destroy or cause to be cut or destroyed any and all high, obstructive, offensive, unsightly, noxious or poisonous weeds, grasses or vines, except ornamental grasses and plants, growing upon any such lot or parcel of land. Weeds, grasses and vines shall not be permitted to exceed a height of eight inches (8"). This requirement shall not apply to undeveloped lands, as defined in Section 1286.01(b), located in rural areas of the corporation only, specifically the R-1 and A-1 Districts.
(b) The notice above provided for shall state that in the event such owner, occupant or person having control of land within the corporate limits shall fail to remove such growths, the same shall therefore be deemed to constitute a qualified nuisance, and the Building Inspector shall proceed, after the expiration of such five-day period, to abate such condition and shall charge therefore the amount of one hundred fifty dollars ($150.00) per hour in order to offset to the City the costs involved, and he or she shall proceed to clean up and mow such parcel of land constituting a qualified nuisance. If in fact said notice is not complied with by such owner, occupant or person having control of land, then the Building Inspector shall proceed as herein outlined and immediately then elect to cause all charges to be assessed upon the lot or parcel of land involved and/or elect to prosecute such owner, occupant or person having charge or management of any such lot or land who shall be punished in conformity with subsection (c) hereof. The owner, occupant or person having charge of management of any lot or parcel of land shall only receive one written notice to cut or destroy or cause to be cut or destroyed any and all high, obstructive, offensive, unsightly, noxious or poisonous weeds, grasses or vines within the same growing season. Any lot or parcel of land found to be in subsequent violation of subsection (a) hereof shall be caused to be mowed by the Building Inspector without further notice and such costs for the abatement shall be assessed as outlined in Section 668.04.
(c) Whoever violates the provisions of this section by not removing the types of offensive grasses, weeds or vines described in subsection (a) hereof within five days of receiving notice from the Building Inspector, shall, upon conviction, be deemed guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2005-32. Passed 5-16-05.)