The intent and purpose of this section is to encourage the ongoing safety, care and maintenance of developed or undeveloped property within the Village.
(a) Owners and operators shall have all duties and responsibilities prescribed in this Exterior Property Maintenance Code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty or responsibility, nor be entitled to defend against any charge of a violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(b) Unless expressly provided to the contrary in this Code, the respective obligations and responsibilities of the owner and operator on the one hand, and those of the occupant on the other, shall not be altered or affected by an agreement or contract by and between them or between them and other parties.
(c) The owner, operator, occupant or person having charge or management or financial institution of any property within the Village shall maintain that property and/or adjoining right-of-way in a safe and sanitary manner and shall preserve the health and welfare of the residents of the Village. Noxious weeds, vines, rank vegetation and/or grasses exceeding the height of eight inches shall be cut and shall be maintained at a height not exceeding eight inches; for vacant land with no structures the adjoining right-of-way shall be maintained a minimum of twenty-five feet from the edge of the street line abutting such right-of-way; further, all cut noxious weeds, grasses, vines, rank vegetation and/or the accumulation of leaves, litter, garbage, fallen tree branches, and other debris from any property area and/or right-of-way shall be properly disposed of.
(d) As used in this section, “litter” includes any garbage, waste peelings, vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles or equipment, tires, wagons, furniture, glass, storage of excess building materials or anything else of any unsightly or unsanitary nature.
(e) As used in this section, “safe and sanitary” includes any violation(s) of state law or federal law or village ordinance, or in the opinion of the Building Inspector constitutes a hazard or a condition adverse to the safety and welfare of the Village; not limited to the improper maintenance, storage or contamination of chemicals, oils, paints, solvents, petroleum, gases or anything of an unsightly nature or a hazard to health and welfare or any hazards to the environment.
(f) Upon failure to comply with Section 1490.09(c), the Building Inspector shall cause written notice to be served on the owner, operator or person in charge of such land that such weeds, grasses, vines or rank vegetation must be cut and destroyed from such property and/or such property shall be cleaned up within five days after service of such notice. The Building Inspector shall give only one notice in writing per calendar year to the owner, operator, occupant, firm or corporation having possession or control of the property of the necessity of cutting or cleaning the property and/or the adjoining right-of-way. Upon failure to comply with such notice, the above-mentioned weeds and growth shall be cut and/or destroyed by the Village or its designee, or the litter, garbage, fallen tree branches, leaves and other debris shall be removed and disposed of by the Village or its designee.
(g) Upon failure to comply with Section 1490.09(e), the Building Inspector shall cause written notice to be served on the owner, operator or person in charge of such land that such hazard or a condition adverse to the safety and welfare of the Village or the improper maintenance, storage or contamination of chemicals, oils, paints, solvents, petroleum, gases or anything unsightly in nature or hazards to health and welfare or any hazard to the environment must be removed in accordance with state and/or federal law. The Building Inspector shall give one thirty-day written notice and a second written final notice of fifteen days if needed. The costs plus fines thereof shall be charged to the owner of such land at a rate which shall be just and equitable and which shall be determined by the Building Inspector as indicated in this section and elsewhere in this code. Upon failure of the owner to pay the cost plus fines within thirty days after billing, the cost plus fines may be assessed against the land or a civil suit may be instituted at the discretion of the Building Inspector of the Village. Such assessment or civil suit shall be in addition to any other penalty provided.
(h) If the address of the owner or other person having charge of the land is known, the notice shall be sent to the last known 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 any newspaper of general circulation in the county.
(Ord. 1983-29. Passed 6-21-83; Ord. 2009-25. Passed 9-15-09.)