[HISTORY: Adopted by the Town Board of the Town of Dayton at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
This chapter shall be known as the "Weeds, Tall Grass and Objectionable Vegetation Law of the Town of Dayton."
This chapter is enacted for the purpose of promoting the health, safety and general welfare of Town residents by controlling the accumulation of weeds, tall grass and other objectionable vegetation on private and public property in the area of the Town of Dayton outside the Incorporated Village of South Dayton.
As used in this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:
- OBJECTIONABLE VEGETATION
- Such vegetation as poison ivy, jimsonweed, ragweed or other poisonous or harmful plant or plants detrimental to the public health.
- YARD WASTE
- Plant matter such as brush, grass, leaves, weeds and tree trimmings which has been cut or harvested.
This chapter is applicable to any lot or tract of land in the Town of Dayton outside the Incorporated Village of South Dayton, except for such lots of five or more acres, wherein the provisions of this chapter, as they relate to weeds, tall grass and other objectionable vegetation, shall not apply.
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 or unoccupied lot or tract or any part thereof in the Town of Dayton to permit or maintain on any such lot or tract any growth of weeds, grass or other objectionable vegetation to a height greater than 12 inches on the average or any accumulation of yard waste or to permit or maintain on or along the sidewalk, street or alley adjacent to such lot or tract, between the property line and the curb or between the property line and the traveled portion of such street or alley where there is no curb, any growth of weeds or grass to a height greater than six inches on the average.
It shall be unlawful for any such person or persons to cause, suffer or allow any vegetation, including but not limited to weeds, tall grass and objectionable vegetation to grow on any such lot or tract in any such manner that any part of such vegetation shall extend upon or overhang any public sidewalk, roadway or curb.
Upon the failure of any such person or persons to cut, trim or remove weeds, grass, other objectionable vegetation or yard waste within 10 days from the time a notice to cut, trim or remove such weeds, grass, other objectionable vegetation or yard waste has been served, the Town of Dayton may cause such weeds, grass, other objectionable vegetation or yard waste to be cut, trimmed or removed and the total cost thereof, including but not limited to moneys actually paid out by the Town, time and expenses of the Town officials and employees involved in the service of the notice and the actual cutting, trimming or removal of the weeds, grass, other objectionable vegetation or yard waste in connection with the enforcement of the provisions of this chapter, shall be assessed upon the real property on which such weeds, grass, other objectionable vegetation or yard waste were found, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
Any notice required to be served pursuant to the provisions of this chapter shall be served as follows:
By mail to the owner addressed to the last known address of the owner; and
By attaching or placing a copy of said notice upon any structure on said lot or tract of land and, if no structure is available upon said lot or tract of land, by attaching said notice upon the nearest utility pole or other support.
A violation of any provision of this chapter is an offense, punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each week's violation shall constitute a separate offense punishable by like penalty.