Draft11/8/2015
Ordinance 2015-2
Grass and Weed Ordinance
The Village of Shoreham Ordains:
2015-2(1)Overview
Residents and businesses must provide reasonable controls to restrict the excessive growth of weeds, grasses and other noxious vegetation. The allowance of excessive growth of certain vegetation is noxious, unsightly, and offensive to the residential and commercial development in the Village, and is offensive to the general public health, safety and welfare of the community.
2015-2(2)Height Restrictions
It shall be a nuisance and therefore unlawful for any person to allow excessive growth of vegetation on any property, easement, or right of way within the Village, including the area located between the property line and the curb or edge of roadway. Excessive growth shall mean vegetation which is more than six (6) inches in height on developed or improved properties, or more than eight (8) inches in height on undeveloped vacant parcels.
Once a property becomes an Abandoned Property, the owner or person in control of that property shall keep it free from weeds and turf grasses over six inches in height by cutting and then removing said cut weeds and turf grasses from such lot or lands immediately.
A separate and distinct offense shall be regarded as committed each day on which an owner or person in control shall continue such violation, and as to each separate plot of ground owned or controlled by such an owner or person in control.
2015-2(3) Managed Natural Landscaped Areas
The height restrictions provided in2015-2(2)shall not apply to natural plants on privately owned, occupied residential property and properties contiguous to the privately owned, occupied residential property provided that such contiguous properties are owned by the same individual, when such natural plants are part of a Managed Natural Landscape Area.
Managed Natural Landscaped Areas shall be set back a minimum of three (3) feet from all property lines, roads, alleys and/or driveways unless the property is abutted by a fence or similar barrier separating it from adjoining residential properties, then the natural landscaping may be planted up to the property line (inside the sidewalk). With the exception of trees, all vegetation in the right of way strip between the sidewalk and street must be kept at a height of less than ten (10) inches.
Managed Natural Landscaped Areas shall not be permitted to overhang or encroach onto any public or private properties, or public sidewalks, streets, or alleys adjacent to the lot, tract or parcel on which they are planted.
Notice to Remove
The property owner or other responsible person of property in the Village shall be responsible for the abatement of any excessive growth of vegetation. The property owner or other responsible person will be required to abate the nuisance within seven (7) days after receiving a proper notice either by regular, first class mail or in person from the village. If the person receiving the notice does not abate the nuisance within seven (7) days, the Village may proceed to abate the nuisance (cut the grass and/or weeds) keeping an account of the expense of the abatement and such expense shall be charged to and paid by the property owner or occupant.
Payment for Services Performed
The Ordinance Officer shall keep an accurate account of the expense incurred in carrying out the provisions of this ordinance and shall make a sworn statement of each such account and file the same with the Village Clerk. It shall be the duty of the Village Clerk to forthwith demand payment thereof from the owner, possessor or occupant of such lands, either personally or by mail.
If the owner, possessor or occupant of such lands shall fail or neglect to pay the said charge within thirty days after presentation of statement, either personally or by mail, the Clerk shall certify said account to the Village Assessor, who shall cause such expenditure to be levied upon the lands on behalf of which said expenditure was made, and the same shall thereupon become a lien upon said land, and shall be added to the next Village tax roll and be collected in the same manner as other Village special assessments are collected.
Penalties
Any person, owner or designated representative admitting responsibility or found guilty of violating this ordinance shall be guilty of a Municipal Civil infraction and shall be punished by a fine not exceeding $50.00 for a first offense, $100.00 for a second offense and $150.00 for the third or greater offense.
To report issues related to tall grass, weeds, or other vegetation please call the Village Clerk at (269) 429-8560.