PART ELEVEN - HEALTH AND SANITATION CODE
Art. 1105.    Weeds, Trees and Shrubs.
ARTICLE 1105
Weeds, Trees and Shrubs
1105.01   Duty of property owner to remove weeds.
1105.02   Removal by City.
1105.03   Planting trees or shrubs; permit.
1105.04   Trimming trees or shrubs.
1105.05   Injuring trees.
1105.06   Collection of costs.
1105.07   Liens.
 
 
CROSS REFERENCES
Power to regulate - see W.Va. Code 8-12-5(10) et seq.
 
1105.01 DUTY OF PROPERTY OWNER TO REMOVE WEEDS.
   Every owner of property in the Town of Winfield shall remove from their premises, all weeds, grass or brush which exceeds the height of twelve inches, and remove all materials of combustible nature. Any such person shall, forthwith, upon receipt of notice to do so from the Building Inspector or his designee shall cut and remove such weeds, grass or brush or combustible material which may have been placed or accumulated on his premises. Notice to such person shall be deemed to have been made if the Building Inspector or his designee shall mail such notice, by United States mail, prepaid, to the owner's address as the same is recorded in the Office of the Sheriff of Putnam County, West Virginia.
(Ord. 1995-96-4. Passed 5-5-96.)
1105.02 REMOVAL BY CITY.
   (a)    In the event that any owner of real estate or lots of ground, shall refuse, fail or neglect to cut and remove weeds, grass or brush or to remove the combustible materials in violation of this article within 72 hours from the mailing of the aforesaid notice, then the same may be done by any officer, servant, agent or employee of the City of Winfield and such officer, servant or employee of the City of Winfield shall have the right to enter upon the property and remove the weeds, grass or brush or combustible materials which is in violation of this article.
   (b)    The minimum cost of cutting and removing weeds, grass or brush, or other combustible material shall be one hundred fifty dollars ($150.00) for any one lot or parcel of real estate.
   (c)    The statement of account for the actual or estimated minimum cost, whichever is greater, of clearing and removing weeds, grass or brush or other combustible material as provided in subsection (a) hereof, shall be presented to the Town Council at any regular or special meeting, and if approved, shall be placed in the hands of the Town Recorder who shall immediately record among his records and enter therein the time and date of such recordation.
   (d)    The amount of the cost of clearing and removing weeds, grass, brush or combustible material as provided in subsection (a) hereof, shall be the debt of the owner of the lot or parcel of real estate and shall become due and payable when the statement thereof is placed in the hands of the Town Recorder as provided for in subsection (c) hereof. The Mayor shall immediately precede to collect such sums pursuant to West Virginia Code 8-13-15.
   (e)    In addition to the above civil remedies, anyone who violates the provisions of this article and fails or refuses to remove such weeds, grass, brush or combustible materials within the time period set forth in the notice to the person shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $100.00 (one hundred dollars ) for the first offense; $250.00 (two hundred fifty dollars) for the second offense and $500.00 (five hundred dollars) for the third offense. Each and every day that the owner refuses to remove such weeds, grass, brush or combustible materials, shall constitute a separate offense.
(Ord. 1995-96-4. Passed 5-5-96; Ord. 2016-2017-2. Passed 9-13-16.)
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