(A) Purpose. The purpose of this section is to beautify and preserve the appearance of the city by requiring property owners and occupants to maintain grass lawns at a uniform height within the boundaries of their property and on abutting street right-of-way in order to prevent unsightly, offensive or nuisance conditions.
(B) Cutting specifications and standards of practice. Every owner of real property within the city shall cut, mow and maintain all grass, weeds and brush upon the owner's property, and on the abutting street right-of-way adjacent to the curb line or outer boundary of any street, which includes the parking area abutting the owner's property, to a uniform height not exceeding eight inches. A notification will be posted once in newspaper of regular circulation within the City of Barberton in April of each year, and this publication shall be deemed notice of each property owner's responsibility to comply with this requirement.
(C) Notice of failure to comply. Beginning no later than April 15 of each year and concluding no earlier than the first killing frost as recorded by the Department of Commerce, National Weather Service, the city shall conduct periodic inspections of all properties to ensure compliance with this section. If, upon inspection, the city determines that a property owner has failed to cut, mow, and maintain all grass, weeds and brush upon the owner's property in compliance with this section, then the Building Commissioner shall authorize inspectors to post a written notice of the violation that shall require the property owner to take corrective action to cut or mow such lawns and lots within five days of the posting of such notice. This site-specific written notice may be affixed to the structure, or in the instance of vacant land, may be affixed to a stake, tree, or fence on the property. The notice shall state the date of posting.
(D) Failure to take corrective action. If, after the posting of a notice of a failure to comply, a property owner fails to take corrective action within five days of the posting of such notice, the Building Commissioner shall cause the grass, weeds, or brush to be cut and destroyed in accordance with § 670.03. The Building Commissioner and his designees may continue to take further action to remedy any property that continues to remain in noncompliance for the balance of the growing season, and such corrective action may be taken on the same property without additional written notice being given. Any property owner who violates the provisions of this chapter will be given one notice of violation per growing season, and the city will be authorized to respond to additional violations without additional written notice being given.
(E) Penalties. In addition to the remedies set forth in division (D) of this section, § 670.03, and § 670.04, any person who violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in the Development Code § 1350.03, Enforcement. In addition, any costs incurred by the city in cutting and/or removing grass, weeds, or brush on the property shall be charged to the violator by the court.
(Ord. 51-1992, passed 4-13-1992; Ord. 77-2001, passed 5-14-2001; Ord. 49-2013, passed 4-8-2013; Ord. 147-2020, passed 12-21-2020; Ord. 80-2022, passed 6-13-2022)