The International Property Maintenance Code as adopted herein is hereby supplemented, amended, and portions deleted as follows:
(a) Section 101.1 Title. Shall be amended to read as follows:
“These regulations shall be known as the Property Maintenance Code of the Village of Bratenahl, hereinafter referred to as “this Code.”
(b) Section 103.5 Fees. Delete in its entirety.
(c) Section 111.1 Application for Appeal. Delete in its entirety.
(d) Sections 111 Means of Appeal. Delete in its entirety.
(e) Section 112.4 Failure to comply. Shall be amended to read as follows:
“Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable as defined in Section 1345.99 below, Violations and Penalties.”
(f) Section 302.3 Sidewalks and driveways. Shall be amended to read as follows:
“All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. Any sidewalks or walkway or portion thereof which is uneven a measurement of three quarters (3/4) of an inch or greater from an adjacent portion shall be considered a hazard. The Village may option to assist in the repair of a sidewalk within the public right-of-way.”
(Ord. 3815. Passed 5-20-15.)
(g) Section 302.4 Weeds. Shall be amended to read as follows:
CHAPTER 3 General Requirements
Section 302.4 Excessive Grass or Plant Growth.
(a) As used in this chapter, “excessive grass or plant growth” shall mean lawn grasses in the front, side and rear yards of land within the Village, from which an average sample is approximately ten (10) inches or more in length from the ground surface to tip of the plant, as measured by the Commissioner of Buildings or his designee. Trees, ornamental grasses, flowering or shrub plant growth, or gardens in an established plant or garden bed are excluded from this section.
(b) No owner, lessee, agent or tenant having charge of any lot or land shall permit such grass, or plant growth in excess of ten (10) inches, to grow upon or otherwise accumulate upon such lot or land within the Village. Any growth of grass, weeds, plant growth, is hereby declared to be a public nuisance.
(c) Whoever violates this section shall be subject to the penalty provided in Section 1345.99.
302.4.1 Notice to Cut Grass, Weeds, Plant Growth.
(a) Upon written information that excessive grass or plant growth in excess of ten (10) inches are growing on lands in the Village, the Commissioner of Buildings shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him or her that excessive grass or plant growth are growing on such lands and that such excessive grass or plant growth must be cut and destroyed within five (5) day after the service of such notice.
(b) If the owner or other person having charge of the land regulated under this section is a nonresident of the Village whose address is known, the notice shall be sent to his or her address by certified mail. If the address of the owner or other person having charge of the land regulated hereunder is unknown, it is sufficient to send the notice to the address on record with the County Fiscal Officer.
302.4.2 Removal of Grass, Weeds, Plant Growth; Assessment of Costs.
(a) If the owner, lessee, agent, or tenant having charge of the land fails to comply with the notice required by such section 302.4.1, the Commissioner of Buildings shall cause such grass, plant growth, or weeds to be cut and destroyed and may employ the necessary labor to perform the required tasks. All expenses shall, when approved by the Mayor or his designee, be paid out of any money in the Village Treasury not otherwise appropriated.
(b) The Fiscal Officer shall make a written return to the Cuyahoga County Fiscal Officer of the Village’s action under Section 302.4.2(a) with a statement of the charges for its services, the amount paid for performing such labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, 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.
(c) In addition to the charges incurred for labor used to remedy the grass, plant growth, or weeds to be cut and destroyed, the Street Commissioner shall assess Administrative Fees for their services:
Event: | Fee: |
First Failure to Comply | $150.00 |
Second Failure to Comply | $250.00 |
Third and Subsequent Failure to Comply | $500.00 |
(d) The Mayor or his designee is authorized to establish policies to waive administrative fees assessed under the previous section (c) in any manner deemed appropriate.
302.4.3 Provisions of Chapter Not Exclusive.
The provisions of this chapter apply in addition to any other provisions of State or local laws relating to the control of the subject matter herein and are not intended to pre-empt any other regulations, ordinances or laws of the Village or of any other jurisdiction.
(Ord. 4004. Passed 2-20-19; Ord. 4029. Passed 6-19-19.)