[Adopted 5-11-2004 by Ord. No. 04-11]
It shall be unlawful for any owner, tenant or
occupant of land to permit or maintain noxious, poisonous, or rank
weeds or plants on such land.
A.
In Zoning Districts R-1 through R-3 and B-1 through
B-2 where land is platted or developed, and land within 100 feet of
said land, it shall be unlawful to allow or permit any growth of weeds,
grass, brush, or other rank vegetation to a height greater than 12
inches or any accumulation of dead weeds, grass, or brush on such
land. "Developed" shall mean that the property has been improved with
the construction of buildings, parking lots, or other facilities,
excluding underground utilities or sewer or water lines.
Any person found in violation of the provisions
of this article shall be given written notice by the Police Department
or the Zoning Administrator or that person's designee requiring compliance
with the provisions of this article. The notice shall include a description
of the conditions, the location or address of the item(s) in violation,
and that failure to comply with the provisions of this article may
result in forfeitures being assessed or other relief being pursued.
The notice shall specify a time period for compliance, generally not
to exceed 10 days. Notice is not required for second and subsequent
violations occurring within a one-year period of the first violation
of this article.
Representatives of the Police Department or
Zoning Administrator shall be permitted access to any unenclosed real
estate in the Village for the purpose of enforcing this article.
In the event that, upon inspection, it appears
as if any accumulation of grass, weeds, or dead brush has resulted
in the breeding or presence of rats or other vermin or has caused
a health hazard, a referral may be made by the inspector to the Village
Health Officer.
At its option, the Village may seek a forfeiture as provided in § 1-19 of the Village of Osceola Code or seek an order of abatement from the Circuit Court in the form of an injunctive order for each violation of this article. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture. In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a property maintenance violation, all costs incurred by the Village to abate any violations shall be assessed as a special tax against the property.
