551.03 ABATEMENT OF CERTAIN NUISANCES WITHOUT DECLARATION OF VILLAGE COUNCIL: NOTICE TO OWNER OF REAL ESTATE.
   (a)    The following procedures shall apply to the abatement of noxious or poison weeds or tall grass:
      (1)    Any noxious or poison weeds or tall grass growing upon a parcel of land and/or any abutting treelawn that is six (6) inches or higher in height is a threat to human health and public safety and constitutes a nuisance. It shall be the responsibility of each owner of property within the City to maintain their property and abutting treelawns in a manner that prevents such nuisances. If the owner does not cut or destroy, or cause to be cut or destroyed, the poison or noxious weeds or tall grasses as required herein, the Mayor or Building Inspector is authorized to cause said nuisance to be cut or destroyed. Such abatement may be issued by the Mayor or Building Inspector or both without reporting same to Council following the procedures set forth in this Section. For the purposes of this Section, a "treelawn" shall be defined as the landscaped area between the sidewalk and the paved portion of a street.
      (2)    The owner of any parcel of land determined to be in violation of this Section shall be served a written notice upon the first identified violation per calendar year. Such notice shall state that the owner has two (2) calendar days to cut or destroy, or cause to be cut or destroyed, any noxious or poisonous weeds or tall grass. Further, the notice shall conspicuously state that failure to comply after service of said notice will result in the Village causing the work to be done and the costs to be assessed against the property in the manner provided by this Section. The notice shall also conspicuously state that any subsequent violations of this Section concerning the same property during the same calendar year shall require no further notice.
      (3)    When it is deemed necessary to cut and destroy weeds or grass, in accordance with the provisions of this Section, the owner shall be charged at the rate of two hundred dollars ($200.00) per hour or portion thereof, or the actual cost of the work, whichever is larger. The minimum charge shall be two hundred dollars ($200.00). After such work is performed, the Village shall give thirty (30) days written notice by regular mail to the owner to pay the cost of such cutting or destroying of the weeds or grass, which notice shall be accompanied by an order to pay and a statement of the amount of costs incurred and an explanation of the appeals process set forth in Section 551.08 herein. If the same is not paid or appealed within thirty (30) days after the mailing of the notice and order, such amount may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved.
 
   (b)    The following procedures shall apply to the abatement of nuisances involving sidewalks, landscaping, unsecured vacant property, or abandoned unusable personal property or other debris:
      (1)    The Mayor or Building Inspector, upon finding that a nuisance exists in matters involving sidewalks, landscaping, unsecured vacant property, or abandoned unusable personal property or other debris may cause written notice or order to be served on the owner of the real estate. The notice or order shall set forth the nature of the nuisance, the estimate of the cost of abating the same if done by the Village, a reasonable time determined by the Mayor or Building Inspector within which the owner shall abate the nuisance or pay the estimated cost to the Village, and the statement that unless the nuisance is abated within the stated time it may be abated by the Village and the cost of abatement assessed on the real estate involved, and the Village may prosecute the owner for failure to comply with the order.
      (2)    Such notice or order of abatement may be issued by the Mayor or Building Inspector or both without reporting same to Council. In case the Village abates the nuisance and the cost is not paid within the time fixed by the Mayor or Building Inspector, the Mayor or Building Inspector shall report the fact to Council which may assess the same on the real estate from which the nuisance originated.
(Ord. 2014-106. Passed 11-12-14.)