[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence 11-15-2012 by L.L. No. 4-2012. Amendments noted where applicable.]
It shall be unlawful for any owner or occupant of land within the limits of the Village to permit or maintain growth or accumulation of brush, grass, rubbish or noxious or other rank growths, weeds or hedges, garbage, litter, refuse or rubble, which constitutes or creates an unsafe or unhealthy condition. The existence of any of the conditions described in this Subsection A shall constitute a nuisance.
That portion of the public right-of-way not covered by pavement or a similar surface and located between the portion of the right-of-way used for vehicular traffic and the boundary line of said right-of-way shall be maintained by the owner or occupant of the adjoining property in the same manner as set forth in § 146-1A.
It shall be unlawful for the owner or occupant of any lot or parcel of land within the Village to cause or to permit the existence or maintenance of a fence or other structure upon such lot or parcel where the fence or other structure is so structurally unstable as to cause physical danger to persons or to property on or off the premises.
Whenever, in the opinion of the Building Inspector, a person or property is in violation of any of the requirements or restrictions contained in §§ 146-1 or 146-2, the Building Official shall cause a notice to be issued to the owner or occupant of the property as indicated on the then-current Village tax roll, or to any person in possession of the property or any part thereof.
Such notice shall include the following information, at a minimum:
Describe the condition of the property or the reason or reasons which cause the violation(s) to exist;
Inform such person that if the person disagrees with the conclusion of the Building Inspector as to the existence of any violation, such person may, within seven business days from receipt of the notice, request a hearing before the Village Zoning Board of Appeals;
Inform such person that if the person fails to cure the violation(s) within a reasonable period of time as specified in such notice, the Village will either perform such work as may be required to cure such violation(s) or, in the case of an illegal fence or structure, cure the violation(s) or remove the fence or structure. The notice also shall inform such person that in the event of remedial action taken by the Village pursuant to this chapter, all reasonable costs thereof shall be the expense of the owner of the property as indicated on the then-current Village tax rolls.
Any notice required to be given by the Building Inspector pursuant to this chapter shall be given in writing in the following manner:
By personal delivery to the person to be served; or
By personal delivery to a person of suitable age and discretion residing at or occupying the real property which is the subject of the notice; or
By certified mail, return receipt requested, addressed to the person to be served at the last known dwelling place of the person to be served; or
By posting the notice in a prominent location at the property which is the subject of the notice and mailing a copy of such notice by first class mail, or any other form of delivery using the United States Postal Service, addressed to the person to be served at the last known dwelling place of such person.
Time period for compliance. Unless a different period of time is specified in a notice served pursuant to this chapter, the person served with a notice of violation pursuant to this chapter shall be permitted five days from such service to eliminate and fully remediate the violation described in the notice.
Action upon noncompliance. Upon the failure, neglect or refusal of any person so notified to properly cure the violation within the time required by this chapter, the Village is authorized and empowered to take such action as may reasonably be necessary to remove the nuisance specified in the notice, and dispose of any growth or material so removed.
Charge included in tax bill. When the Village has affected the cure or remediation of the violation as provided in this chapter, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.
Filed statement constitutes lien. The Building Inspector shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property, by section, block and lot, on which said work was done, and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Thereafter, a notice shall be sent to the owner, as appears on the tax records maintained by the Village, demanding payment within 20 days after receipt of notice. If payment is not received, then said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 6% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.
It shall be a violation of this chapter for any person being the owner or occupant of real property in the Village, or the agent of any such person, to do or fail to do any act in violation of any provision of this chapter, or to cause, permit or maintain any nuisance on such property. Any person convicted of a violation of this chapter shall, upon conviction, be subject to penalty as otherwise provided in this Code for a violation.