[Ord. No. 384 §§1 —
2, 10-14-2002]
A. Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. All persons owning or occupying any lot or tract
of land in the Village shall keep the weeds, high grass and other
vegetation growing on such property cut and removed. Whenever such
weeds, high grass or other vegetation shall attain the height of eight
(8)inches, it shall be deemed a public nuisance.
B. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection
(A).
C. Liability. Whenever weeds, high grass or other vegetation in violation of Subsection
(A) of this Section are allowed to grow on any part of any lot or ground within the Village, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D. Notice. The Village Administrator shall give a hearing after
four (4) days' notice thereof either personally or by United States
mail to the owner or owners, or his/her or their agents, or by posting
such notice on the premises; thereupon, the Village Administrator
may declare the weeds, high grass or other vegetation to be a nuisance
and order the same to be abated within five (5) days.
E. Disposition. In case the weeds, high grass or other vegetation
are not cut down and removed within the five (5) days, the Village
Administrator shall have the weeds, high grass or other vegetation
cut down and removed and shall certify the costs of same to the Village
Clerk.
F. Tax Bill. The Village Clerk shall cause a special tax bill
therefor against the property to be prepared and to be collected by
the Collector with other taxes assessed against the property; and
the tax bill from the date of its issuance shall be a first (1st)
lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity, and no mere clerical
error or informality in the same, or in the proceedings leading up
to the issuance, shall be a defense thereto. Each special tax bill
shall be issued by the Village Clerk and delivered to the Collector
on or before the first (1st) day of June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
G. If
weeds are allowed to grow, or if trash is allowed to accumulate, on
the same property in violation of this Section more than once during
the same growing season in the case of weeds, or more than once during
a calendar year in the case of trash, the marshal or other designated
official may, without further notification, have the weeds or trash
removed and the cost of the same shall be billed in the manner described
in this Section. This Subsection does not apply to lands owned by
a public utility and lands, rights-of-way, and easements appurtenant
or incidental to lands controlled by any railroad.
[Ord. No. 06-442 §1, 12-11-2006]
A. All
dead, decaying or storm-damaged trees, dead limbs or branches in trees
that create a dangerous or unsafe condition to the public or neighboring
properties, and all trees infected by a disease that is not promptly
treated or that is not remediable are hereby declared to be a public
nuisance and shall be promptly taken down and removed from the premises
by the owner(s) or occupant(s) of any tract of land in the Village
of Marlborough on which the same is situated. The stump of any removed
tree shall also be removed to a minimum of eight (8) inches below
ground level.
B. It shall be the duty of the Village Clerk, or her designee, to serve notice that such tree, trees or parts of trees shall be removed and the reasons therefore. The Village shall perform the same duties and have the same powers and rights and shall give the same notices and conduct the same hearings as are provided pursuant to Section
215.110 of this Article. Special tax bills shall be issued and shall become a lien in the same manner as provided under the terms of Section
215.110 of this Article.
C. In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section within thirty (30) days of the service or posting and mailing of such notice shall be deemed to be in violation of this Section and shall be punished upon conviction as provided in Section
100.220 of this Code.
D. Responsibility
for trees in the street right-of-way or treeway which are adjacent
to any improved property in the Village shall be that of the owner
or owners of the adjoining lot for the purposes of this Section.