(a) Plantings shall be established and maintained in and adjacent to the public ways along streets in accordance with the provisions of this chapter. Plantings not so established and/or maintained are hereby declared to be public nuisances, except that existing plantings that are maintained in accordance with ordinances existing on the effective date of adoption of this chapter shall not be considered public nuisances.
(b) It shall be the duty of all property owners and occupants to trim or remove plantings in the public ways abutting their property that are not maintained in accordance with the requirements of this chapter.
(c) The Service Safety Director's designee or any designated member of his staff shall have the authority to enter upon private land at any and all reasonable times to examine any tree, shrub or other planting located upon or over such private land and to carry out the provisions of this chapter.
(d) The Service Safety Director's designee under Section 909.03 shall cause written notice to the property owner(s) and occupant(s) to trim or remove any planting within, or adjacent to, the tree lawn area of the abutting public ways that do not conform with the provisions of this chapter. Such notice shall be sent by certified mail, return receipt requested, to the tax mailing address of the property owner(s) of record with the Crawford County, Ohio, Auditor and to the occupant(s) at the address of the property. If certified mail is returned unclaimed, notice will be sent by regular mail.
(e) If the planting is not trimmed or removed within the time period stated in the written notice, not less than ten (10) days from date of receipt of the notice, the Service Safety Director's designee may cause such trimming or removal to be undertaken and the costs thereof shall be the responsibility of the abutting property owner(s) and occupant(s).
(f) In the event that the property owner(s) and occupant(s) fail to remit such costs to the City within thirty (30) days after written notice of the amount of such costs, the Service Safety Director's designee or the Bucyrus City Auditor may certify such costs to the Crawford County Auditor to be entered upon the tax duplicate for the abutting property as a lien and collected as other taxes and returned to the applicable City fund.
(g) In the event that a planting within the public way presents imminent danger to public safety, it may be trimmed or removed by the City without written notice to the property owner. The property owner shall be responsible for the costs thereof as provided in subsection (e) hereof. (Ord. 5-2023. Passed 3-7-23.)