1113.02 NOTICE TO DESTROY; CUTTING AT OWNER'S EXPENSE; LIEN.
   The Health Officer is 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 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 mailed by registered mail addressed to such owner, agent or occupant at his last known address. Upon the failure, neglect or refusal of any owner, agent or occupant so notified to cut and remove such weeds, deleterious and unhealthful growth, or other noxious matter growing and remaining upon the property or upon the sidewalk abutting the same within five days after receipt of the written notice herein provided for, the Health Officer shall have the option to either cause a warrant to be issued against any person owning or occupying any such lot, place or area within the City, or order the cutting and removal of such weeds, deleterious and unhealthful growth, or other noxious matter by the City.
   (a)   Charge Included in Tax Bill. When the City has effected the removal of such weeds or noxious growth, the actual cost thereof plus accrued interest at the rate of six percent (6%) 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.
   (b)   Lien for Charges. Where the full amount due the City is not paid by the owner, agent or occupant within sixty days after the cutting and removal of such weeds, deleterious and unhealthful growth, or other noxious matter, the Finance Director shall record in the office of the Clerk of the County Court of Ohio County a sworn statement showing the cost and expense incurred for the work, the date, place and property on which the work was done, and the name of the owner thereof. Recordation 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.
      (Ord. 9190. Passed 9-29-87.)