§ 58-78. Maintenance of property.

(a)

Duty of owner. All owners of lots, parcels and tracts of land within the village shall keep their property in a safe, clean and presentable condition and shall remove all surplus grass, saplings, weeds and other growth and all trash and rubbish and fill in all excavations and hazardous depressions thereon. Grass clippings and other waste produced by yard maintenance shall not be deposited in the streets. Maintenance criteria is based on the following property descriptions:

(1)

No person shall permit on any property with completed building(s) and landscaping, referred to as improved properties in this section, owned, leased or occupied by him or upon any sidewalk abutting the same, any weeds or grass to grow to a height of over six inches from the ground. Saplings, bushes, and hedges shall be maintained at a reasonable height.

(2)

No person shall permit on any vacant infill lot owned by him or upon any sidewalk abutting the same, any weeds or grass to grow to a height of over 12 inches from the ground. Vegetation within 20 feet of a public or private street, alley, and within ten feet of adjacent improved property shall be maintained not to exceed six inches from the ground. Saplings, bushes, and hedges shall be maintained at a reasonable height.

(3)

No person shall permit on consecutive vacant lots owned by him or upon any sidewalk abutting the same, any weeds or grass to grow to a height of over six inches from the ground within 20 feet of any public or private street, alley, and within ten feet of adjacent improved property. The areas on the property beyond the required maintenance perimeter shall be evaluated from time-to-time and maintenance may be required as deemed necessary by the zoning administrator or director of public works. Saplings, bushes, and hedges shall be maintained at a reasonable height.

(b)

Notice; time for compliance. Whenever it shall appear to the zoning administrator or director of public works that any lot, tract or parcel of land within the village is in such condition due to overgrowth of grass, saplings, underbrush and weeds in excess of the criteria listed in this section, he shall give notice to such person who appears to be the owner of such property, according to the records of the village, at the address specified on such records. Such notice shall be given by certified mail with return receipt requested, to the effect that the lot, tract or parcel of land belonging to such person presents a condition the continuation of which is contrary to the public health, safety or welfare of the inhabitants of the village, and that unless the condition is remedied within five days from the date of the notice, the village will undertake to correct the conditions by whatever means may be necessary and will charge the expense thereof against such owner. If any subsequent violation occurs within a 12-month period of first violation, no further notice is required.

(c)

Charge for work done by village. If it becomes necessary for the village to do the work to put the property in safe and sanitary condition, the following charges shall be made: mowing, trimming shrubbery, raking, removal of debris, and other miscellaneous work shall be charged on the basis of time consumed to do the work times the hourly rate of the number of employees required plus the equipment hourly rate. In addition a 20 percent handling charge shall be included for staff time.

(d)

Penalty for noncompliance. In addition to the other costs of having the village perform property maintenance the police shall issue a citation if the lawn is not cut when the five-day period of notice expires. If any subsequent violation occurs within a 12-month period of first citation the subsequent citations will escalate as defined in section 1-11.

(e)

Special assessment. The administrator shall keep an itemized list of expenses and penalties of doing such work, and the costs thereof shall become a special assessment and a charge against the property payable at the same time as the general village taxes on the property become due. Upon failure of the owner to pay the amount of such a special assessment, the village may have recourse to the remedies that exist for the enforcement thereof, either by virtue of this chapter or the laws of the state, or both. The administrator shall, upon completion of the work, send a bill to the owner for the costs thereof; and if the costs be not paid within 30 days, it shall bear interest at the rate of six percent per annum from the date on which the work was completed.

(Code 1983, §§ 10.03, 17.20; Ord. No. 10-08, § 1, 8-2-10; Ord. No. 14-05, § 1, 7-21-14)