(a) Every person owning or occupying any lot, tract or parcel of land or property including the premises located between the roadway and property line, whether vacant or occupied, within the City, shall keep the property free from and remove therefrom any dirt, rubbish, debris, weeds, brush, trees, plant growth, filth, grass or any other deleterious material which may cause blockage in the City's storm sewers or may endanger or injure neighboring property or health, safety or welfare of the residents of the City. Clippings from grass, weeds, and vegetation shall not be permitted to remain on sidewalks, alleys, or streets. Every person owning or occupying any such lot, tract or parcel of land or property within the City shall cause the grass, weeds, brush, trees, plant growth, filth or any other deleterious material thereon to be cut often enough to prevent such lot, tract or parcel of land from becoming unsightly, unwholesome, offensive or a menace to health or safety. In no case shall the owner or occupant of said property permit the grass, weeds, brush or any other deleterious material thereon to exceed ten (10) inches in height.
(b) The Public Work's Director, Building Official, Code Enforcement Officers, and City of Westover Police Officers are authorized and empowered to give a written notice to the owner of any such lot, place or area within the City, or the agent of such owner, or the occupant thereof, to cut and remove any such grass clippings, weeds, deleterious and unhealthful growth, or other noxious matter found growing or being on such property or upon the sidewalk abutting the same. Such notice may be personally served upon the owner, his agent or the occupant of the property, or may be malled by registered mail addressed to such owner, agent or occupant at his last known address.
(c) Upon the failure, neglect or refusal of any owner, agent or occupant so notified in subsection 1111.07 (b) to cut and remove such grass clippings, weeds, deleterious and unhealthful growth, or other noxious matter growing and remaining upon the property or upon the sidewalk abutting the same within seven (7) days after receipt of the written notice, the enforcement officer shall cause a citation to be issued against any person owning or occupying any such lot, place or area within the City, and order the cutting and removal of such grass clippings, weeds, deleterious and unhealthful growth, or other noxious matter by the City.
(d) When the City has effected the removal of such grass clippings, weeds or noxious growth, the actual cost thereof plus accrued interest at the rate of ten percent (10%) per year from the date of the completion of the work, if not paid by the owner, agent or occupant prior thereto, shall be charged to the owner of such property on the next bill for the service charges forwarded to such owner by the City and the charge shall be due and payable by the owner at the time of payment of such bill for service charges, Where the full amount due the City is not paid by the owner, agent or occupant within sixty (60) days after the cutting and removal of such grass, weeds, deleterious and unhealthful growth, or other noxious matter, the Mayor/Designee shall record in the office of the County Clerk a sworn statement showing the cost and expense incurred for work, the date, place and property on which the work was done, and the name of the owner thereof. The recording of such sworn statement shall constitute a lien upon the property in favor of the City and the payment thereof may be enforced as other liens are enforced under the laws of West Virginia.
(e) Whoever violates any provision of this article shall be fined not more than five hundred dollars ($500,00).
(f) All fines imposed under this Section 1111.07 shall be due to the Municipal Court by the due date on the citation. The failure to pay when due any fine imposed or failure to schedule a hearing or showing up for a scheduled hearing shall constitute a failure to appear or otherwise respond under West Virginia Code 8-1-2b and may result in the issuance of a warrant and notification to the West Virginia Division of Motor Vehicles. The failure to pay when due any fine imposed under this section shall increase such fine by one hundred dollars ($100.00).
(Ord. 527. Passed 9-6-22.)