Pendleton

Ordinance 120 Noxious and Deleterious Vegetation…Town of Franklin

Ordinance 120

Noxious and

Deleterious Vegetation

State of West Virginia

Town of Franklin

I. Title and Purpose

The title of this Ordinance is the Town of Franklin Noxious and Deleterious Vegetation Ordinance. The purpose of this Ordinance is for the Town of Franklin to regulate noxious, deleterious, and unhealthful growths of weeds, grasses, vegetation and brush within the Town of Franklin. The Town of Franklin recognizes that noxious, deleterious, and unhealthy vegetation constitutes a public nuisance, creates serious fire hazards to residents, interfere with streets and sidewalks, are detrimental to public health, and tend to reduce the value of private property. It is in the public interest and welfare to provide for a method for regulating noxious, deleterious, and unhealthy vegetation within the Town of Franklin.

II. Authority

The Town of Franklin has the specific authority under W. Va. Code § 8-11-1 et. seq. to adopt and enforce this Ordinance.

III. Noxious and

Deleterious

Vegetation

Prohibited

It shall be the duty of every person owning any lot, land, or property, whether vacant or occupied, within the Town of Franklin, or his or her agent, to keep the same free from and to remove therefrom any noxious, deleterious and unhealthy growths of vegetation, weeds, grasses and brush.

In the event that any person owning any lot, land, or property within the Town of Franklin, or his or her agent, fails to perform their duty to cut and remove any noxious, deleterious and unhealthy growths of vegetation, weeds, grasses and brush; and upon written notice to the owner thereof by the Town of Franklin that such lot, land or property be cleared, in accordance with the provisions of this Ordinance, then the same shall be complied with immediately.

The Town of Franklin, including its Mayor, manager, or other representative, is hereby authorized, empowered and directed to notify in writing the owner or the agent of the owner, of any lot, land, or property within the Town of Franklin, to cut, destroy, and remove such noxious, deleterious and unhealthful growths of weeds, grasses, vegetation and brush found growing upon any such lot, land, or property. The notice shall describe the parcel by tax map and parcel number as well as by street address. Such notice shall clearly state the time within which such action shall be completed and the courses of action available to the Town of Franklin to see that the weeds, grasses, vegetation and brush are cut, destroyed, and removed from the lot, land, or property. Any such notice shall be given or served upon any such offending person in the following manner:

a. By any of the methods prescribed for the service of process as provided in Rule 4 of the West Virginia Rules of Civil Procedure,

b. By posting a copy of such notice in a conspicuous place on the lot, land, or property upon which such noxious, deleterious and unhealthy growths of vegetation, weeds, grasses and brush is found,

c. By publication of such notice once a week for two successive weeks in a newspaper published in and of general circulation within the Town of Franklin, or

d. By mailing a copy of such notice addressed to such person at his or her last known address.

No error in the name of the property owner, the description of the property nor in the materials designated to be cut and removed shall affect the validity of any such notice; provided, that from the description of such lot, land or property the identity thereof may be established with reasonable certaint.

Upon the failure, neglect or refusal of any such owner or agent so notified to cut, destroy, and remove such noxious, deleterious and unhealthful growths of weeds, grasses, vegetation and brush found growing upon any lot, land or property within the Town of Franklin, within ten days after receipt of the notice provided above, Town of Franklin, including its Mayor, manager, or other representative, is hereby authorized to contract for the cutting and removal of such weeds, grasses, vegetation and brush growths to the lowest responsible bidder, or to cut and remove such weeds, grasses, vegetation and brush growths using Town of Franklin resources, in which latter instance an accurate and exact cost of the work shall be maintained.

The cost of the contract for having such weeds, grasses, vegetation and brush growths cut, destroyed and removed as provided above, or the cost of cutting, destroying and removing such weeds, grasses, vegetation and brush growths by Town of Franklin resources shall be a debt due the Town of Franklin and collectable in any court of competent jurisdiction in Pendleton County, West Virginia.

IV. Injunctive Relief

In addition to the remedies as set forth above, the Town of Franklin, or its attorney or authorized agent, may apply to the Circuit Court of Pendleton County for an injunction to restrain, prevent or abate any person owning any lot, land, or property within the Town of Franklin from having any noxious, deleterious and unhealthy growths of vegetation, weeds, grasses and brush on his or her property, which is in violation of any provision of this Ordinance.

The above ordinance will come before the Town Council of the Municipality of Franklin on February 14, 2017 at 6:00pm at the Town Hall for a final vote. Copies of the Ordinance can be requested at the Town Office Monday-Friday 8:00am-4:30pm. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 1c