[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 7-22-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
No owner, lessee, contractor, tenant or other person having
management or control of or occupying any lot or plot of land located
on a public or private street within the Village of Mount Morris shall
permit any grass, weeds or any vegetation whatsoever, not edible or
planted for some useful or ornamental purpose, to grow or remain upon
such premises so as to exceed a height of six inches, to throw off
any unpleasant or noxious odor, to conceal any filthy deposit or to
create or produce pollen. In areas of the Village not developed, the
requirement to control vegetation will be limited to 20 feet from
the edge of the street and 20 feet from any adjacent developed property.
Undeveloped areas will be streets with improved lots with a distance
greater than 500 feet from the next improved lot.
The growing of any grass, weeds or other vegetation upon any lot or plot of land in the Village of Mount Morris in violation of any of the provisions of § 68-1, Control of vegetation, is hereby declared to be unlawful, a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Village, and the same is hereby prohibited.
The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land, vacant or occupied, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such lot or plot of land in violation of the provisions of § 68-1, Control of vegetation.
On the assessment by the Code Enforcement Officer, any lot or plot of land located on a public or private street in the Village to be found in violation of § 68-1, Control of vegetation, the Code Enforcement Officer will immediately notify, in person or by first-class mail, the owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land at the last known address of the same as shown by the records of the current assessment role. The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village must cause such grass, weeds or vegetation to be removed, trimmed or cut within the following time periods: 48 hours from the receipt of notice, if personally delivered; or 96 hours from deposit of the notice by first-class mail. The notice shall specify the type of charges or penalties to which the property owner may be subject if the owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land fails to act in accordance with the Code Enforcement Officer. The notice must specify the section of the Village Code which the property owner is violating. Upon the expiration of the time period herein, the Village is authorized to employ a private contractor or utilize Village employees to cause such grass, weeds or vegetation to be removed, trimmed or cut.
The owner of private property shall be legally responsible for any violation of any provision of this chapter regarding the removal, trimming or cutting of grass, weeds or vegetation, as set forth in § 68-4, Failure to abate; notification; abatement of nuisance by Village, by any lessee, contractor, tenant or other person having management or control of or occupying the owner's property.
For any first offense of this chapter, and if the nuisance is
abated in the allotted time, the Code Enforcement Officer shall communicate
a warning to the responsible person(s). For all following violations
of this chapter within a twenty-four-month period the Code Enforcement
Officer shall issue an immediate appearance ticket returnable to the
Mount Morris Village Court. Abating the violation will not excuse
the appearance in Village Court or the possible violation and/or fine.
For all work done by Village employees at a property owner's
expense, the time will be calculated in one-hour increments. Yearly,
the Village Clerk's office will calculate the fully burdened
hourly rate and provide the information to the Village Board at the
reorganization meeting. The Village Board will accept the rate and
amend the hourly rate in the published schedule of rates, rents and
fees. If the work is performed by an authorized agent of the Village,
the charge will be 100% of the contracted rate.
A.
The Village Clerk's office will send an invoice by first-class
mail to the last known address of the name as shown by the records
of the current assessment roll. If not paid within 30 days, the charge
shall be a lien against the real property.
B.
All expenses incurred by the Village in connection with the proceedings
of this chapter, including the cost of actually removing the nuisance,
shall be assessed against the land on which the violation occurred.
In addition, a nuisance processing fee shall be added to the total
delinquent balance in accordance with the published schedule of rates,
rents and fees and shall be levied and collected in the same manner
as provided in Article 22 of the Village Law for the levy and collection
of a special ad valorem levy.
Nothing contained in this chapter shall prohibit the Village
from instituting proceedings in courts of equity.
Whoever violates or fails, neglects or refuses to comply with
any provision of this chapter shall, upon conviction, be fined not
less than $50 and not more than $100 for the first offense, not less
than $100 and not more than $500 for the second offense and not less
than $500 and not more than $1,000 for each and every offense thereafter
within a twenty-four-month period, together with costs of prosecution
for each offense, to be collected as other fines and costs are by
law collectible, and, in default of payment thereof, may be imprisoned
for not more than 15 days. Each day's violation shall constitute
a separate offense, and notice to the offender shall not be necessary
in order to constitute an offense. The owners of premises upon which
prohibited acts occur shall be jointly and severally liable for violations
of this chapter.
The provisions of this chapter are severable, and the invalidity
of a particular provision shall not invalidate any other provisions.
In case of a conflict between any provision of this chapter
and any applicable federal, state or local ordinances, codes, laws,
rules or regulations, the more restrictive or stringent provision
or requirement shall prevail.
