A. Definitions:
BUILDING COMMISSIONER: The village of Worth building commissioner or his designee.
PARKWAY: The portion of land owned by or dedicated to the village located between a property line and the edge of the street pavement or curb line, whichever is located closer to the property line.
PETITIONER: A person or entity filing a hearing request pursuant to subsection E of this section.
B. Responsibilities Of Owners And Occupants:
1. Every owner or occupant of real estate within the village shall cut the weeds and grass on the parkway abutting his real estate at all times as may be necessary so that the weeds and grass do not exceed eight inches (8") in height.
2. Every owner or occupant of real estate within the village shall trim bushes and shrubs on the parkway abutting his real estate at all such times as may be necessary to prevent the same from: a) crossing over property line(s); b) obstructing the sidewalk, parkway, or street; or c) otherwise impairing or reducing motorist or pedestrian visibility in a manner that compromises the public health, safety, and welfare, as determined by the building commissioner.
3. Every owner or occupant of real estate located adjacent to a parkway shall be responsible for removing yard debris, waste, refuse, and natural silt accumulation from the parkway, so as to permit the free flow of water through the parkway and to comply with the provisions of this code, including title 12 of this code.
C. Public Nuisances: It is hereby declared to be a public nuisance to allow any conditions to occur that violate subsection B of this section. If an owner or occupant allows such conditions to occur, the village may abate the nuisance as provided in this section and/or pursue any and all remedies available at law or in equity.
D. Notice: Whenever a violation of any provision of this section comes to the attention of the building commissioner, notice of the violation shall be sent by certified mail to the person to whom the general tax bill was addressed for the preceding year. The notice shall provide the address of the premises, describe the nuisance, provide the time period within which the nuisance must be eliminated, which shall not be less than seven (7) days from the date of notice being mailed, and describe actions that may be taken to abate the nuisance. The notice shall be accompanied by a copy of this section.
E. Request For Hearing:
1. Any person receiving notice pursuant to this section may request, and shall be granted, a hearing before the building commissioner. Any person seeking a hearing under this section shall file a written petition with the village clerk requesting a hearing and containing a brief statement specifying the grounds for the hearing. All hearing requests shall be filed prior to the expiration of the time period during which the nuisance must be remedied.
2. Upon receiving a request for a hearing, the building commissioner shall set a time and place for the hearing and give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be withdrawn or modified.
F. Notice Becomes Order: Any notice sent pursuant to subsection D of this section shall automatically become an order if a written request for a hearing is not filed within the time frame set forth in subsection E of this section.
G. Abatement And Penalty: If any person fails or refuses to eliminate the nuisance identified in a notice or order or fails or refuses to request a hearing within the time period provided under this section, the village may: 1) abate the nuisance and recover the reasonable removal costs from the person; 2) impose a penalty in accordance with section 1-4-1 of this code; and/or 3) pursue any other remedies available, including, without limitation, remedies available at law or in equity. (Ord. 2016-34, 10-4-2016)