When a nuisance appears to exist in violation of § 96.02, the city shall serve notice upon the owner and occupant of the property, or the agent of each, by registered or certified mail or by personal service, ordering such owner and occupant to have such weeds or grass cut and removed, or such brush and debris removed, or other cleaning, grading, mowing, or other maintenance deemed necessary, within five days after the receipt of the notice, unless the owner or occupant appeals in the manner described in division (D) of this section. The notice shall also state that, in case of noncompliance, such work will be done by the municipality at the expense of the owner, in accordance with the prevailing fee schedule, which shall be billed to the property owner and shall constitute a lien upon such realty, and that if unpaid, the charge for such work, plus interest, will be made a special assessment against the property concerned, and such special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(A) When no owner, occupant, or agent of the owner or occupant can be found, notice shall be posted on the property on which the nuisance exists in a prominent location ten days before the city eliminates the nuisance, which posting shall constitute mailed notice pursuant to this section.
(B) Refusal to accept such mailed notice shall not constitute a defense that notice was not received.
(C) Representatives of the city are authorized to go upon property upon which a nuisance appears to exist in order to measure vegetation height and take reasonable vegetative samples in connection with such a nuisance.
(D) Any person aggrieved by an order from the city to cut grass or weeds on his or her property may appeal same to a committee comprised of two members of the City Council and the City Weed Inspector by filing a written request for a hearing with the appointed City Weed Inspector within five days following receipt of service of the notice to cut. A timely-filed notice shall stay any action by the city to eliminate the nuisance described in the notice to cut until the appeal has been decided by the Committee. The Committee shall hear the appeal after advising the appellant of the date, time, and place of such meeting, and shall therefore render its decision. The Committee's decision shall constitute the final decision of the city on the matter.
(Ord. 834, passed 5-27-97) Penalty, see § 96.99