[CC 1995 §§65.010 — 65.040; Ord. No. 85-4, 1985; Ord. No. 99-11 §§1 —
3, 8-26-1999; Ord. No.
11-10 §1, 10-27-2010]
A.
Cutting And Removal Of Grass, Weeds And Abatement Of Other Nuisances. It shall be unlawful for any owner, lessee or occupant or any agent,
servant, representative or employee of any such owner, lessee or occupant
having control of any occupied lot or land or any part thereof in
the Village or for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any unoccupied lot or land or any part thereof in the Village
which is surrounded on one (1) or more sides by occupied land to permit
or maintain on any such lot or land or on or along the sidewalk, street
or alley adjacent to the same between the property line and the curb,
any growth of weeds, grass, to a height of more than seven (7) inches
on the average, or poisonous or harmful vegetation, or to allow the
accumulation of any rubbish, trash, lumber not piled or stacked twelve
(12) inches off the ground, rocks or bricks, tin, steel, parts of
derelict cars or trucks, cut and fallen trees and shrubs, broken furniture,
any flammable material which may endanger public safety or any material
which is unhealthy or unsafe and it shall also be unlawful for person
or persons to cause, suffer or allow poison ivy, ragweed or other
plant detrimental to health to grow on any such lot or land in such
manner that any part of such ivy, ragweed or other poisonous or harmful
weed shall extend upon, overhang or border any public place or allow
seed, pollen or other poisonous particles or emanations therefrom
to be carried through the air into any public place and the growth
of such weeds, grass to a height of more than seven (7) inches on
the average, or poisonous or harmful vegetation and the other enumerated
conditions are hereby declared to be a nuisance.
B.
Duty Of Owner, Lessee Or Occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut or remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation or other conditions as enumerated as nuisances pursuant to Subsection (A) above or as enumerated by any other Section of this Code.
C.
When Village To Do Work. When the provisions of this Article
are not complied with, the Chairman of the Board of Trustees of the
Village or his designee shall hold a hearing after at least four (4)
day's notice thereof to the owner of the lot or his/her agent, the
occupant, if any, and the lessee, if any. For the purposes of this
Section, notice shall be deemed to be given if personal notice of
the same was served upon such individual or if at least four (4) days
prior to the intended hearing, the Village Clerk or his or her agent
shall have deposited in the U.S. mail, postage prepaid, to such names
and to such addresses as known to the Village Clerk, after a due and
diligent search of records available to him or her of the people enumerated
therein. Following the hearing, the Chairman or his designee may declare
the weeds or other conditions to be a nuisance and cause the Clerk
to order, by written notice, that the nuisance be abated within five
(5) days. In the event the weeds are not cut down or other nuisances
are not abated or removed within five (5) days, the Village Clerk
or other designated official shall cause the weeds to be cut down
and other nuisances enumerated herein to be removed and shall certify
the cost of the same to the Village Clerk. The Village Clerk shall
cause a special tax bill therefore against the property to be prepared
and to be collected by the Village Clerk with other taxes that may
be assessed against the property. In addition to the cost of the abatement
of such nuisance, it shall be a personal debt of the owner, occupant,
lessee, or agent. The special tax bill from the date of its issuance
shall be a first (1st) lien upon property until paid and shall be
prima facie evidence of the recital 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, delivered to the Chairman
of the Board of Trustees, and endorsed by the Chairman thereof. Such
bills if not paid when due shall bear interest at the rate of eight
percent (8%) per annum.
D.
Penalty. Each person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this Article or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Village Board or other representative of the Village in the cutting and removal of weeds, grass and other vegetation shall upon conviction thereof be guilty of a misdemeanor. The preparation of a tax bill, as authorized by Section 215.110(C) shall not relieve any person of liability under this Section.
