522.02  REQUIRED CUTTING; TAX LIEN.
   (a)   Noxious Weeds, Grasses and Other Types of Vegetation to be Cut.
      (1)    Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of lots of lands within the Municipality shall be required to cut noxious weeds, grasses and other types of vegetation growing thereupon.
         (Ord. 39-85.  Passed 12-17-85.)
      (2)   Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of lots of lands described in this section shall be required to cut all such weeds and vegetation such as Russian, Canadian or common thistle, wild parsley, ragweed, goldenrod, and ironweed as well as all other weeds, grasses and other types of vegetation save and except for agricultural crops, growing or being upon the lots of land as aforesaid by cutting to a height not over six inches. Any growth of such noxious weeds, grasses and other vegetation, save and except for agricultural crops, over such height or reaching maturity uncut is hereby declared a nuisance.
   (b)   Notice to Owner to Cut. The Director of Public Service-Safety is hereby directed to monitor the growth of weeds, grasses and other types of vegetation upon all lands within the City continually during the growing months, and upon determination that weeds, grasses and other types of vegetation on any lands therein are, or are approaching such growth as indicated in subsection (a) hereof, so as to become injurious or harmful to the residents of the City, written notice thereof shall be served upon the owner, lessee, agent or tenant having charge of such lands, in accord with Ohio R.C. 731.51, to cut and destroy the weeds, grasses and other types of vegetation within five days of service of such notice.
      (1)   If the owner or other person having charge of the land is a nonresident of the Municipal Corporation whose address is known, the notice shall be sent to his address by certified mail, return receipt requested. If the address of the owner or other person having charge of the land is unknown it is sufficient to publish the notice once in a newspaper of general circulation in the County.
      (2)   Only one notice pursuant to subsection (b) hereof per year shall be required for any lot or land found to be in violation of this section.  In the event any lot or land is found to be in violation subsequent to the service of said notice, the City may proceed in accordance with Section 522.02.
         (Ord. 5-2018.  Passed 3-20-18.)
   (c)   Failure to Comply with Notice. Upon failure to comply with the notice in subsection (b) hereof within the prescribed time to cut and destroy noxious weeds, grasses and other types of vegetation, the Public Service-Safety Director shall immediately notify the Service Department of the location of such lands and the Service Department shall forthwith cut and destroy such weeds, grasses and other types of vegetation.
(Ord. 39-85. Passed 12-17-85.)
   (d)   Costs. The Director of Public Service-Safety shall keep an accurate record of the cost of such cutting and shall immediately cause to be sent to the proper person a statement for such cost of each cutting required during the growing months which shall be immediately due and payable.
   The minimum fee to be charged shall in no case be less than eighty dollars ($80.00) per person for the first hour or portion thereof and sixty dollars ($60.00) per person for each additional hour or portion thereof.
   All payments received shall be credited to the General Fund.  No payments shall be accepted after the certification to the County Auditor as hereinafter provided.
   (e)   Certification to County Auditor of Unpaid Cost for Lien Purposes.  If the statement of costs referred to in subsection (d) immediately preceding is not paid within ten days of issuance, the Clerk of Council shall make a written return to the County Auditor of the City’s action under this section and Ohio R.C. 731.51 to 731.53, with a statement of the charges for the services of the Service Department of the City, the amount paid for the performing of such labor as certified by the Service Department, the fees for officers who made the service and notice of return and a proper description of the premises.  Such return to the County Auditor shall be for the purpose of having such amounts entered on the tax duplicate as a lien upon such lands in accord with the provisions of Ohio R.C. 731.54.  (Ord. 20-2006.  Passed 6-6-06.)
   (f)   Penalty. It is hereby determined that the growth of noxious weeds, grasses and other types of vegetation upon lands within the City not only poses a harmful or injurious threat to the health or physical well-being of the inhabitants of the City, but also poses a significant safety hazard and that anyone who violates this section, in addition to the assessment of costs for failure to comply with proper notice, is guilty of a minor misdemeanor.  A second violation of this chapter shall be considered a fourth degree misdemeanor, punishable by up to 30 days in jail and up to a $250 fine.  A third violation, and each violation thereafter, shall be considered a third degree misdemeanor punishable by up to 60 days in jail and a up to a $500 fine.
(Ord. 5-2018.  Passed 3-20-18.)