Chapter 8.10
WEED CONTROL

Sections:

8.10.010    Certain weeds declared noxious.

8.10.020    Duty to destroy noxious weeds.

8.10.030    Failure to abate – Penalty.

8.10.040    Enforcement.

8.10.050    Notice to property owner.

8.10.060    Abatement by Town Clerk/Treasurer.

8.10.010 Certain weeds declared noxious.

Canadian thistle, Russian thistle, Thumbling mustard, mustard, cockleburs, wild blackberries, and all other weeds liable to become a pest and detrimental to the interest and welfare of the Town of Wilkeson, are hereby declared to be noxious weeds. [Amended during 2014 codification; Ord. 103A § 1, 1968].

8.10.020 Duty to destroy noxious weeds.

It shall be the duty of every owner, lessee, occupant or agent thereof, or of any person having the care and charge of any land or lands, improved or unimproved, enclosed or unenclosed, in the Town of Wilkeson, to cut down or otherwise destroy all noxious weeds growing thereon, or on any road, street, alley or highway, to the center thereof bordering on any such land or lands, so often in each and every year as shall be certain to prevent them from going to seed. [Ord. 103A § 2, 1968].

8.10.030 Failure to abate – Penalty.

The failure or refusal to comply with any of the provisions of this chapter shall subject the offender to a fine not exceeding one hundred dollars ($100.00) or imprisonment in the Town jail for not exceeding thirty (30) days, or to both such fine and imprisonment. [Ord. 103A § 3, 1968].

8.10.040 Enforcement.

The Town Clerk/Treasurer shall enforce this chapter and if any property owner fails or refuses to abate any such nuisance as contemplated by this chapter, the Town Council may, after report filed by the Town Clerk/Treasurer, by resolution, require such property owner in addition or alternative to the penalty prescribed by this chapter to abate the nuisance by removal or destruction at his cost and expense within a time specified in the resolution; and if the removal or destruction is not made by such owner within the time specified, the Town Clerk/Treasurer may abate the same as provided in this chapter. [Amended during 2014 codification; Ord. 103A § 3, 1968].

8.10.050 Notice to property owner.

The resolution mentioned in this chapter shall not be passed until the property owner is given at least fifteen (15) days’ notice of the pendency of the proposed resolution; such notice shall be given by the Town Clerk/Treasurer by mailing a copy of the notice to the owner as shown upon the records of the County Treasurer, and at the address shown thereon; and if no owner and address is shown on such records, a copy of the notice shall be posted upon the property. The mailing and posting shall be made at least five (5) days before the resolution is adopted, and proof shall be made by affidavit of the Town Clerk/Treasurer. The notice shall include the resolution number and both shall describe the property involved and the nature of the hazardous condition constituting the nuisance. [Amended during 2014 codification; Ord. 103A § 4, 1968].

8.10.060 Abatement by Town Clerk/Treasurer.

If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the Town Clerk/Treasurer may abate the same, and he shall render a bill covering the cost to the Town of such abatement, including the Clerk/Treasurer’s expense, and mail the bill to the property owner. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because he cannot be found, the Town Clerk/Treasurer in the name of the Town may file a lien therefor against said property, which lien shall be in the same form, filed with the officer, and within the same time and manner and be enforced and foreclosed as is provided by law for liens for labor and material. [Amended during 2014 codification; Ord. 103A § 5, 1968].