Municipal Code

CHAPTER 1479 Weed and Grass Growth Control

1479.01 Definitions.
1479.02 Duty of owner to cut noxious weeds and lawn grass.
1479.03 Notice to owner.

1479.04 Cutting by Village upon failure of owner; lien; exception.
1479.05 Published notice.
1479.06 Violation.




1479.01 DEFINITIONS.
For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows:
(a) "Exotic invasive plant species" means a plant species that is not originally native to the area and has no natural controls and is able to out compete and gradually displace native plants.
(b) "Lawn grass" shall mean any type and variety of grass which is typically used to establish a lawn, turf or ground cover for any occupied or unoccupied premises.
(c) "Native plant" means a plant species that has naturally evolved in the local region over thousands of years under certain soil, hydrologic and other site conditions.
(d) "Natural landscaped area" means premises that are landscaped so as to exhibit the deliberate and conscious decision to plant, cultivate and maintain those native plant species identified as wildflower, grass, shrub or tree. This landscaping tries to capture the character and spirit of nature in a designed landscape by arranging plants in a community context, similar to their arrangement in nature.
(e) "Noxious Weeds" shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix), all types of exotic invasive plant species, and all types and varieties of turf, grass and weeds which exceed the height of eight inches above ground level.
(f) "Owner" means any person, partnership, firm, company, corporation, association, organization, agent or entity to which the law attributes rights and responsibilities, including lessees or occupants holding any possessory interest in the premises upon which there is noxious weed or lawn grass growth.
(Ord. 2007-04. Passed 7-9-07.)

1479.02 DUTY OF OWNER TO CUT NOXIOUS WEEDS AND LAWN GRASS.
(a) If noxious weeds are found growing within an area of 100 feet or less from a platted subdivision or single family residential condominium, or within a platted subdivision or single family residential condominium, or within 100 feet of any public street or road, it shall be the duty of the owner of such premises to keep such vegetation or lawn grass growth to a maximum height of no more than eight inches above ground level or a level which prohibits a flower bearing state, whichever level is less.

(b) Subsection (a) hereof shall not apply to noxious weeds or grass of any type in fields devoted to the lawful cultivating of any small grain crops such as wheat, oats, barley or rye; or garden or natural landscaped area which has been approved by the Village Administrator, except that:
(1) Naturally landscaped premises must be maintained so that herbaceous plants are cut to eighteen inches or less; and
(2) Natural landscaping shall not be located within two feet of the front property line or at corner side property lines.
(Ord. 2007-04. Passed 7-9-07.)

1479.03 NOTICE TO OWNER.
The Village Administrator or his or her designee shall notify, by certified mail, with return receipt requested, the owner of any property on which prohibited noxious weed or lawn grass growth is found. The notice shall contain a summary of the provisions of this chapter. Failure of the Village Administrator or his or her designee to give notice shall not, however, constitute a defense to any action to enforce the payment of any fine or debt created under the provisions of this section or any other applicable section(s) of the Village Code.
(Ord. 2007-04. Passed 7-9-07.)

1479.04 CUTTING BY VILLAGE UPON FAILURE OF OWNER; LIEN; EXCEPTION.
(a) An owner must cut the noxious weed or lawn grass as provided in Section 1479.02 within ten calendar days after notice is given. If the noxious weeds or lawn grass is not cut within such time period, then the Village Administrator or his or her designee, agent or contractor may enter upon the land and cause the noxious weeds or lawn grass to be cut. All expenses and costs incurred in the cutting of the noxious vegetation or lawn grass, plus a 20% administration charge, shall be charged to and paid by the owner.

(b) The Village shall have a lien for the cutting expenses, costs and 20% administration charge which lien shall be enforced in the manner prescribed by state law for the enforcement of tax liens.
(Ord. 2007-04. Passed 7-9-07.)

1479.05 PUBLISHED NOTICE.
Instead of the notice required in Section 1479.03, the Village may publish a notice in a newspaper of general circulation in the Village during the month of March in each year that noxious weeds and lawn grass growth not appropriately cut by May 1 of that year, and as many times as is necessary thereafter for the remainder of the year, may be cut by the Village, and the owner will be charged with the expenses, costs and administration charge for each cut as provided in Section 1479.04. The published notice shall also contain such information as is required by Section 1479.03.
(Ord. 2007-04. Passed 7-9-07.)

1479.06 VIOLATION.
In addition to the costs assessed pursuant to this chapter for every cutting of noxious weed or lawn grass growth by the Village, any owner who has neglected, refused or otherwise failed to cut noxious weed or lawn grass growth as required in this chapter shall be responsible for a municipal civil infraction and shall be subject to the penalty, sanctions and remedies for municipal civil infractions prescribed in Section 202.99 of the Village Code.
(Ord. 2007-04. Passed 7-9-07.)