(A) Grass and weed control required.
(1) No person, whether the owner, lessee, agent, tenant, or other person or entity having charge or care of land in the village, shall permit grass or noxious weeds to grow thereon to a height in excess of 12 inches, or permit noxious weeds to mature seeds thereon, or fail to cut or destroy noxious weeds of any height when notified by the Zoning Officer to do so.
(2) NOXIOUS WEEDS are defined to include thistle, burdock, jimpson weed, ragweed, milkweed, mullein, poison ivy, other vegetation of rank growth, and any other plant not hereby included that is included or may become to be included in the Ohio Revised Code definition of noxious weeds, and the failure to cut the same is declared a nuisance and a hazard to the health and safety of the residents of the village.
(3) Whoever violates this section is subject to the penalties provided in § 155.999 in addition to the responsibility for costs described below.
(B) Notice to cut grass or weeds.
(1) The Zoning Inspector shall cause written notice to be served upon the owners, lessees, tenants, or other persons or entities having charge or care of the land in the village notifying them that grass or noxious weeds are growing on land in their care in violation of this section and directing that such grass or noxious weeds be cut within 11 days of such notice and that such grass or weeds be cut thereafter during the growing season with such frequency to prevent such grass or weeds from exceeding 12 inches or maturing seeds thereon. Notice shall be personally delivered or mailed to the address at which the offending vegetation is growing. Notice shall also be mailed by means of certified mail or personal delivery to the owner of the land at his address of record in the office of the County Treasurer. If the owner's address of record is the land upon which the offending vegetation is growing, only one notice is required and shall be certified mail or personal delivery.
(2) Every notice to cut and destroy noxious weeds, grasses or other types of vegetation shall state: "If this notice is not complied with within 11 N days, in addition to the penalty provided in 155.999, the Village may enter upon the lands to cut and destroy such growth and the costs incurred by the Village in cutting and destroying such growth shall by recovered pursuant to Section 155.305(C)(1)."
(3) Notice shall be served on any property no more than once each growing season, May 15 through September 30, of each calendar year.
(C) Failure to comply with notice, remedy of village, collection of costs.
(1) If the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of the lots or lands fails to comply with the written notice, the village shall thereupon cause the noxious weeds, grasses or vegetation to be cut and removed by use of village forces and equipment or by hiring private contractors.
(2) Upon completion of the cutting and removal of noxious weeds, grasses and vegetation, the Administrator shall determine the cost of cutting and removal and shall cause a statement thereof to be mailed by means of certified mail or personal delivery to the owner of the land at his address of record in the office of the County Treasurer. Such statement of cost shall include:
(a) Village equipment charge;
(b) Village equipment operator charge;
(c) Equipment transportation charge;
(d) Administration and supervision charge;
(e) Removal cost (i.e. solid waste district or dump fees);
(f) Incidental labor;
(g) Invoice for private contractor.
(3) The minimum fee to be charged shall in no case be less than $100 for the first hour or portion thereof and $50 per employee per hour for each additional hour or prorated portion thereof. This amount is exclusive of any removal cost incurred in carrying out such action. If a private contractor is used the amount will be equal to that charged by said contractor.
(4) The owner shall pay such costs as are charged in accordance with this chapter to the Finance Director within 30 days after the statement of charges has been mailed or delivered to the owner at the address of record in the office of the County Treasurer. Such payments shall be credited to the appropriation from which such cost was paid by the village. If the charge is not paid within 30 days after mailing, the village shall cause the charges for services as provided in division (B) of this section, to be certified to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, and any fees incurred by the village to process the special assessment, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the village with the General Fund pursuant to R.C. § 731.54. The recovery of its costs by the village pursuant to this section is a remedy in addition to the penalty provided in § 155.999.
(Ord. 21-2019, passed 9-3-2019)