(a) If any owner or occupant of a lot or parcel of land located within the corporate limits of the City of Alliance is notified in writing by the Safety-Service Director or his authorized representative to cut and destroy weeds, tall grasses and vines growing upon such premises, and if such person fails to cut and destroy such weeds, tall grasses and vines within five (5) days after mailing such notice, the City of Alliance shall cause such weeds, tall grasses and vines to be cut and destroyed. The owner and occupant of such premises shall be jointly and severally indebted to the City of Alliance for all reasonable expenses thus incurred in the cutting and destroying of such weeds, tall grasses and vines.
(b) A violation of Section 1741.02 is a nuisance per se; and if necessary to protect the health, safety and welfare of the general public, the City may enter said lot of land to abate the nuisance without issuing or posting notice. When feasible, the City shall make every effort to give notice prior to abating the nuisance.
(c) The Safety-Service Director or his authorized representative may give notice to the owner or occupant of land in the following manners:
(1) If the owner or occupant of the lot or parcel is a resident of the Municipal Corporation, the Safety-Service Director or his authorized representative may deliver such notice by ordinary U.S. mail to said person’s tax mailing address as maintained by Stark County Auditor’s Office; or
(2) If the owner is a non-resident of the Municipal Corporation, and the tax mailing address maintained by the Stark County Auditor’s Office can be determined by the City, notice shall be sent to the non-resident’s address by Certified U.S. Mail, return receipt requested; or
(3) The City may issue a citation to the owner or occupant to cut or remove the grass, weeds and/or plants specified under Section 1741.01. The City may issue or post a warning notice to the owner or occupant prior to issuing a citation. Posted notices shall be in at least twelve-point type and prominently posted on or near the property; or
(4) Any other manner as permitted by law.
(d) The Safety-Service Director or his authorized representative is authorized to give notice to any person owning or maintaining a lot or parcel of land in violation of Section 1741.02 in such a manner so as to cause the owner or occupant of said lot or parcel of land to be placed on notice that he or she is required to maintain compliance with Chapter 1741 of the Alliance Codified Ordinances for the entire calendar year.
(e) Any property owner who violates Section 1741.02 on two or more occasions in one year or on one occasion in two consecutive years shall be deemed a chronic violator and will receive written notice in March of each year that they have been deemed a chronic violator and shall comply with the provisions of chapter 1741 of the Alliance Codified Ordinances. The failure to comply with said provisions after written notification has been sent shall be cause for the City to abate without further notice and the cost shall be assessed as provided for in Section 1741.04. Violators are also subject to prosecution for violating 1741.02, the weeds or high grass conditions in violation of this chapter. (Ord. 17-14. Passed 3-3-14.)
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