Section
668.01 Trimming of trees, plants and shrubbery along public streets and sidewalks
668.02 Noxious weeds and undesirable vegetation defined; declaration of nuisance
668.03 Cutting and removing noxious weeds and undesirable vegetation
668.04 Notice to cut trees, plants, shrubbery along public streets and sidewalks; noxious weeds and undesirable vegetation; or litter
668.05 Service and return of notices; fees
668.06 Noncompliance with notice; removal by city
668.07 Assessment of costs by city
Editor’s note:
Chapter 668, previously titled “Trees, Weeds and Grass,” and being a codification of Ordinance 1233, passed November 24, 1958, Ordinance 94-74, passed June 10, 1974, and Ordinance 133-83, passed October 24, 1983, was re-enacted in its entirety by Ordinance 40-92, passed March 23, 1992.
(a) The owner of every lot or parcel of land within the city upon which a tree, plant or shrubbery stands, with any part thereof upon or overhanging a public street or sidewalk, shall be subject to the regulations provided in this chapter. Upon such owner’s failure to comply, after written notice, with this chapter, the city shall cause any such trees, plants or shrubbery to be trimmed or cut down and removed in accordance with these regulations and assess the cost thereof against the owner of such lot or parcel of land, as provided for in this chapter.
(b) The owner shall trim or cause to be trimmed any such tree, plant or shrubbery so that a clear height of eight feet between the lowest branches and the sidewalk is maintained and such height over the street as may be designated by the Public Works Director or the Urban Forester.
(c) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same does not fall into the street or sidewalk.
(d) The owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street, private driveway, or other intersection, or to abate a nuisance, where such abatement is necessary to protect life, limb or property of persons, drivers of vehicles or pedestrians using the street or sidewalk.
(e) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(Ord. 40-92, passed 3-23-1992; Ord. 123-05, passed 7-11-2005; Ord. 43-2014, passed 4-14-2014; Ord. 23-84, passed 5-9-2023)
(a) Noxious weeds, invasive plant species and undesirable vegetation shall include:
(1) Any weed declared to be a noxious weed in the O.A.C. § 901:5-37-01, as amended;
(2) Any plant species declared to be invasive in the O.A.C. § 901:5-30-01;
(3) Poison ivy, ragweed, poison oak and poison sumac;
(4) Any vegetation, other than trees, bushes, flowers or other ornamental plants, which exceeds eight inches in height. In environmentally sensitive areas, native vegetation is hereby excluded from this classification; and
(5) Any vegetation which, by reason of the pollen or the seeds which it spreads or produces, or due to the density of its growth or its unsightliness, injuriously affects the public health or welfare.
(b) All noxious weeds and undesirable vegetation, as defined in division (a) of this section, are hereby declared to be a nuisance.
(Ord. 40-92, passed 3-23-1992; Ord. 123-05, passed 7-11-2005; Ord. 58-09, passed 6-8-2009; Ord. 23-84, passed 5-9-2023; Ord. 24-74, passed 6-24-2024)
(a) All noxious weeds and undesirable vegetation shall be cut and removed or destroyed by the owner, lessee, tenant, occupant or person having care or control of a plot of ground upon which such vegetation is growing as hereinafter described:
(1) All parcels in a recorded subdivision in their entirety;
(2) All residentially zoned property not within a recorded subdivision where subject property is less than two acres in area and fronts a public right-of-way;
(3) All land which lies within 25 feet of a lot line which is adjacent to lots or lands upon which a residential dwelling or commercial building exists, whether or not such dwelling or building is occupied; and
(4) All land which lies within 50 feet of a dedicated thoroughfare.
This section shall not apply to lands which are used for agricultural or horticultural purposes.
(b) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(Ord. 40-92, passed 3-23-1992; Ord. 123-05, passed 7-11-2005; Ord. 58-09, passed 6-8-2009)
(a) Upon failure of the owner, lessee, tenant, occupant or person having care or control of a plot of ground to cut and remove trees, plants or shrubbery along public streets and highways, as required in this chapter, the city shall cause written notice to be served on the owner, lessee, tenant or agent having charge of such land, notifying him or her that such trees, plants or shrubbery are growing on such lands and that they must be cut and destroyed within five days after service of such notice. If there is not an imminent hazard, and upon agreement of the Urban Forester and the Code Administrator, the period of time for compliance may be extended up to 90 days.
(b) Upon failure of the owner, lessee, tenant, occupant or person having care or control of a plot of ground to cut and remove noxious weeds and undesirable vegetation, as required in this chapter, the city shall cause written notice to be served on the owner, lessee, tenant or agent having charge of such land, notifying him or her that such noxious weeds and undesirable vegetation are growing on such lands and that they must be cut and destroyed within five days after service of such notice. For purposes of this division (b), only one notice per calendar year is required for a lot or parcel. If, after a notice has been served in accordance with this section, the Code Administrator determines that a continuing violation is occurring or a subsequent violation has occurred, the city may proceed with the remedy set forth in this chapter without further notice.
(c) Upon a finding by the city that litter has been placed on lands in the city, has not been removed and constitutes a detriment to public health, the city shall cause written notice to be served upon the owner, or upon the lessee, agent or tenant having charge of the littered land, notifying him or her that litter is on the land and that it must be collected and removed within 15 days after service of such notice.
(d) As used in this section and § 668.06, “litter” includes, but is not limited to, any garbage, waste which shall include yard waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass or oil of an unsightly or unsanitary nature, and anything else of an unsightly nature.
(e) Notice shall be served by regular mail, addressed to the last known address of the owner as shown in the office of the Lorain County Auditor. If the last known address of the owner cannot be ascertained, it is sufficient to publish the notice once in a newspaper of general circulation in the county. In either case, the notice shall be posted in a conspicuous manner on the property when possible. Date of service of the notice shall be determined (where service is by mail) as the day following the day of mailing for notices to addresses within the city and as of the fourth day after the day of mailing for notices to addresses outside the city. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. When notice is published, date of service shall be date of publication.
(f) This section does not apply to land being used under a permit or license issued pursuant to R.C. Chapter 3734, §§ 4737.05 to 4737.12 or R.C. Chapter 6111.
(g) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(Ord. 40-92, passed 3-23-1992; Ord. 123-05, passed 7-11-2005; Ord. 58-09, passed 6-8-2009)
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