[HISTORY: Adopted by the Village Board of the Village of
Browntown 7-18-2013 by Ord. No.
0716-2013. Amendments noted where applicable.]
This chapter shall be known as the "Village of Browntown Tall
Grass and Weed Ordinance" and shall be applicable and in full force
and effect from May 1 through October 31 of each year.
The Village of Browntown hereby finds that tall grass and weeds
can have a blighting effect on neighborhoods and can provide a refuge
for mosquitoes, rodents and even snakes. The purpose of this chapter
is to secure the public health, safety and general welfare of the
residents and property owners of the Village of Browntown by regulating
the height grass and weeds are allowed to grow in certain areas of
the Village in which more people reside in close proximity.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of grass or weed, but not including crops grown
as an income source.
Includes Canada thistle, plumeless thistle, musk thistle
(commonly called the "Russian thistle"), and leafy spurge, field blindweed
(creeping jenny), bull thistle, shattercane and hill mustard, including
grass over 6 inches in height, other than that part of a vegetable
or flower garden, is regarded as a common nuisance.
The owner and/or occupants of land in the Village of Browntown
shall not allow tall grass or weeds to grow over inches six inches
in height throughout the growing season, including grass and weeds
in the right-of-way, and it shall be the duty of all owners and/or
occupants of land located in the Village of Browntown either to cut
or otherwise destroy by lawful means all tall grass and weeds, as
defined in this chapter, which are growing upon said property before
they reach a seed-bearing state, and to prevent said weeds from perpetuating
themselves and from becoming a detriment to public health.
A.
This chapter shall be enforced by the Weed Commissioner so designated
by the Village Board. The Weed Commissioner" and his authorized representatives
are hereby empowered to enter upon any premises or land in the Village
of Browntown for the purpose of inspecting, removing or and/or destroying
of tall grass and weeds prohibited under this chapter. No person shall
molest or interfere with such person while they are engaged in carrying
out the provisions of this chapter.
B.
Violation notice. After inspection, if any property is determined
to be in violation of this chapter, a violation notice will be sent
to the property owner and/or occupant of said premises in which the
name appears in the last local assessment record of the Village. A
violation notice will be posted on the front door of the residence.
The notice shall give the property owner five days from the date of
the notice to cut the tall grass and weeds. One mailing and door posting
will be provided for an initial occurrence; for subsequent notices,
only door postings will be provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Failure to comply. If the tall grass and weeds are not cut within
five days, the Weed Commissioner shall have the authority to enter
upon the land and/or to cause the lawn to be mowed by an authorized
representative who is hereby empowered to enter upon any premises
or land in the Village of Browntown for the purpose of mowing tall
grass and weeds in violation of this chapter. The Village of Browntown,
its agents and representatives shall not be responsible for damage
to buildings, vehicles, landscape, trees, shrubs, etc., during the
mowing of property in violation of this chapter.
D.
Assessment of costs. All expenses of such cutting, to include equipment
usage, transportation, man hours involved, and overhead cost, shall
be paid by the property owner, per cutting. After having a lot mowed,
the Village shall then submit a bill to the property owner for the
cost of the mowing. If the property owner does not pay the bill within
60 days of the date of the invoice, the cost of such payment shall
be charged against the property on the tax roll.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of this chapter shall be subject to a fine of
$50 and, if still in noncompliance after 10 days, an additional fine
of $200. Every third offense shall be subject to a fine of $500. The
penalty for the cost of mowing by the Village shall be as set by the
Village fee schedule.[1] Fines not paid will be applied to the property tax bill.
[1]
Editor's Note: The fee schedule is on file in the Village
office.
