§ 92.42. NOTICE TO REMOVE.

(A) The Chief of Police, or the Chief’s designated representative, shall be charged with the administration and enforcement of this subchapter. The Chief of Police, or the Chief’s designated representative, shall notify in writing, the owner, occupant, or agent in charge of any premises in the City upon which weeds exist in violation of this subchapter, by certified, return receipt requested mail or by personal service, once per calendar year. Whenever there is personal service of the notice, a copy of the notice shall also be mailed by certified, return receipt requested mail to the owner.

(B) The notice shall include the following:

(1) The owner, occupant, or agent in charge of the property is in violation of this subchapter.

(2) The owner, occupant, or agent in charge of the property is ordered to cut the weeds within ten days from mailing or personal service of notice.

(3) The owner, occupant, or agent in charge of the property may request a hearing before the City Administrator within three days of the date of the notice.

(4) If the owner, occupant, or agent in charge of the property does not cut the weeds, the City or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant, or agent, in charge of the property. Charges for weed cutting when done by the City through its agent or otherwise shall be as set by resolution.

(5) The owner, occupant, or agent in charge of the property will be given an opportunity to pay the charges as described above and, if not paid, the charges will be added to the property tax as a special assessment, or shall be filed with the Register of Deeds Office as a lien against the property.

(6) Only one notice of violation needs to be given as described above during the calendar year.

(7) The Chief of Police or a Community Service Technician should be contacted if there are any questions regarding the order.

(C) If there is a change in the record owner of title to the property subsequent to the giving of notice pursuant to this section, the City may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds of such property in accordance with this subchapter unless the new record owner of title to such property is provided notice as required by this section.

(D) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved and publishing a legal notice in the local newspaper no longer than ten days nor less than one day prior to the proposed date of abatement.

(E) Absentee land owners, to include firms, corporations or businesses, are required to designate to the Police Department a curator to facilitate enforcement of nuisance violations.

(‘63 Code, § 9-1-2) (Ord. 90-2, passed 5-7-90; Am. Ord. 01-22, passed 4-2-01; Am. Ord. 09-12, passed 4-20-09)