[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-26-2008 by Ord. No. 10-1-1. Amendments noted where applicable.]
This chapter is adopted due to the unique nature of the problems
associated with owners of properties allowing vegetation to grow to
excessive length in the Village.
The Village Board finds that vegetation which exceed eight inches
in length adversely affect the health and safety of the public. They
tend to emit pollen and other discomforting bits of plants, constitute
a fire hazard and a safety hazard in that debris can be hidden in
the grass, interferes with the public convenience and adversely affects
property values of other land within the Village. For that reason,
vegetation which exceeds eight inches in length is hereby declared
to be a public nuisance. For that reason, the following requirements
will be enforced, unless a variance is obtained in advance:
A.
Grasses and weeds not to exceed eight inches on the property.
B.
Mowing to the paved or traveled edge of the street is required.
C.
Vacant lots larger than two acres: growth of vegetation shall not
be allowed to exceed eight inches within 50 feet of a paved or traveled
portion of a street and 50 feet of an adjoining lot line.
A.
Lots and parcels that contain a building must be maintained as described
in "Residentially zoned lot and parcels" found above.
B.
Vacant lots and parcels must not have grass and weeds that exceed
eight inches within 50 feet of a paved or traveled portion of a street.
C.
If a lot or parcel is bordered by a residence or business, growth
of vegetation shall not be allowed to exceed eight inches within 50
feet of the lot line
A.
If the inspecting officer shall determine with reasonable certainty that any public nuisance as defined in §§ 198-2 through 198-4 above exists, he/she shall immediately report such existence to the Village office. The Village office shall cause notice to be served that the violation exists and gives seven calendar days to rectify the violation. If after seven calendar days, the violation has not been rectified, The Village Board will take action to correct the violation.
B.
If the owner is not known and there is a tenant occupying the property,
then notice shall be served to the tenant. The notice may also be
posted on the premises.
C.
If the owner/tenant files a written objection within the seven-calendar-day
period, a hearing will be scheduled with the Village Board as soon
as possible.
D.
At the hearing, the owner may appear in person or by his/her attorney
and may present witnesses in his/her behalf. After the hearing, the
Village Board shall make its determination in writing specifying its
finding of fact and conclusions. If it determines that a public nuisance
does exist, it shall order the inspecting officer to abate the nuisance
within five days if the owner has not abated the nuisance within said
time limit.
The entire cost (not limited to but including items such as personnel injury, equipment damages, time and materials) of abating any public nuisance as defined in §§ 198-2 through 198-4 shall be chargeable to and assessed against the parcel or lot affected. An administrative fee of $25 will be also charged. If a written objection is received, an additional administration fee of $100 will be charged to cover Board costs. These fees are in addition to the general penalties as set forth in § 1-2 of the Code of the Village of Coloma.
