§ 26-10. Regulation of length of lawn and grasses.
(a)
Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the town.
(b)
Public nuisance declared. The town board finds that lawns, grasses and noxious weeds on non-agricultural/conservancy lots or parcels of land, as classified under chapter 42, governing the town, within the town which exceed 12 inches in length, adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the town. For that reason, any non-agricultural lawn, grass or weed on a lot or other parcel of land which exceeds 12 inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area.
(c)
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in subsection (b) of this section to remain on any premises owned or controlled by him within the town.
(d)
Inspection. The weed commissioner or his designee shall inspect or cause to be inspected all premises and places within the town to determine whether any public nuisance as defined in subsection (b) of this section exists.
(e)
Abatement of nuisance.
(1)
If the weed commissioner shall determine with reasonable certainty that any public nuisance as defined in subsection (b) of this section exists, he shall immediately cause written notice to be served that the town proposes to have the lot, grass or lawn cut so as to conform with this section.
(2)
The notice shall be served at least five days prior to the date of the hearing and shall be mailed or served on the owner of the lot or parcel of land or, if he is not known and there is a tenant occupying the property, then to the tenant, of the time and place at which the hearing will be held.
(f)
Due process hearing. If the owner believes that his grasses or weeds are not a nuisance, he may request a hearing before the town board. The request for said hearing must be made in writing to the town clerk-treasurer's office within the five days set forth in the weed commissioner's notice. Upon application for the hearing, the property owner must deposit a $25.00 bond. If a decision is rendered in the property owner's favor, the $25.00 will be returned to the property owner. If the property owner fails to appear for the hearing or if the decision is rendered against the property owner, the deposit shall be forfeited and applied to the cost of town personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the property, a hearing by the town board shall be held within seven days from the date of the owner's request. The property in question will not be mowed by the town until such time as the hearing is held by the town board. At the hearing, the owner may appear in person or by his attorney, may present witnesses in his own behalf and may cross examine witnesses presented by the town as well as subpoena witnesses for his own case. At the close of the hearing, the town board shall make its determination in writing specifying its findings, facts, and conclusions. If the town board determines that a public nuisance did exist, the town board shall order the weed commissioner to mow the property in question unless the property has been mowed by the owner within 48 hours of the town board's decision. If the owner does not abate the nuisance within the described 48 hours, the weed commissioner shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly.
(g)
Option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his lawn, grass or weeds as set forth above, then, and in that event, the town may elect to cut said lawn, grass or weeds as follows:
(1)
The written notice required in subsection (e) of this section shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the town shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The town shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate established by resolution pursuant to section 26-9(c). The charges shall be set forth in a statement to the town clerk-treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the town clerk-treasurer shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate.
(Prior Code, § 8-1-5)