(a) Certain weeds are determined to be prohibited noxious weeds, offensive to the health of the residents of the municipality and are declared a nuisance. "Prohibited noxious weeds" are those plants declared as such by state officials under Ohio R.C. §907.01 as currently in effect and as may hereafter be amended.
(b) No person shall permit any prohibited noxious weeds, or permit common weeds, grass or plants, other than trees, bushes, flowers or ornamental plants, to grow to a height exceeding six (6) inches ("high grass") within 100 feet of a residential, commercial or industrial structure or, on vacant land, within twenty-five (25) feet of the curb or edge of the road pavement. Grass, plants or common weeds exceeding six (6) inches in height are hereby declared a nuisance.
(c) The Manager or designee, upon information that high grass or prohibited noxious weeds are growing on land, shall issue a written notice of violation to the owner, lessee, agent and/or tenant having charge of, or responsibility for, maintenance of the lot or land that prohibited noxious weeds are growing on the land, or common weeds, grass or plants of a height in excess of six (6) inches are growing on the land, and shall be cut and/or destroyed within seven (7) days after service of the notice. Written notice of the violation shall be served by securely affixing a copy of the violation to a door at the premises where the violation has occurred and by sending a copy of the violation by regular U.S. mail to the land owner at the tax mailing address where the violation has occurred. Notice of the violation shall be served upon the owner of vacant land by regular U.S. mail. The service of notice shall be five (5) days from the date that the notice of violation is sent by mail or the date when delivery of the notice is completed at the residence, whichever shall first occur.
(d) The notice served pursuant to subsection (c) above shall be a notice of a nuisance violation for the current condition of the lot or land and a continuing nuisance for the remainder of the calendar year. After the City cuts the high grass and/or removes the vegetation in excess of six (6) inches, the Manager or designee shall send written notice to the persons entitled to notice in subsection (c) above that the high grass has been cut, and the City will continue to cut the grass for the remainder of the year whenever it is higher than six (6) inches. The notice shall include the cost to cut the high grass and remove or cut other vegetation. A notice of cutting and an invoice shall be sent to the persons entitled thereto after each mowing or vegetation removal.
(e) No person shall permit litter to be placed on lands in the municipality, which is hereby declared a nuisance. As used in this section, "litter" includes any garbage, waste, food scraps or remains, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of vehicles, wagons, furniture, glass, oil or petroleum products or any other item of an unsightly or unsanitary nature.
(f) The Manager or designee, upon information that litter has been placed on lands in the municipality, has not been removed and constitutes a detriment to public health, shall issue a written notice of violation to the owner, lessee, agent and/or tenant having charge of, or responsibility for, maintenance of the lot or land, that litter is on the land, and that it shall be collected and removed. The written notice of the violation shall be served by securely affixing a copy of the violation to a door at the premises where the violation has occurred and by sending a copy of the violation to the land owner at the tax mailing address where the violation has occurred. Notice of the violation shall be served upon the owner of vacant land by U.S. mail. The service of notice shall be five (5) days from the date the notice of violation is sent by mail or the date when delivery of the notice is completed at the residence, whichever event shall first occur.
(g) The notice served pursuant to subsection (f) above shall be a notice of a nuisance violation for the current condition of the lot or land, which shall constitute a continuing nuisance for the remainder of the calendar year. If the nuisance violation is not cured within forty-eight (48) hours of service of the notice in subsection (f), the Manager or his designee may enter upon the land and remove the litter. After the City removes litter one time, the Manager or designee shall send written notice to the persons entitled to notice in subsection (f) above that the litter has been removed, and the City will continue to remove the litter for the remainder of the year whenever litter is present. The notice shall include the estimated cost to remove the litter. A notice of removal of litter and an invoice shall be sent to the persons entitled thereto after each time when litter is removed.
(h) Failure to comply with a notice under this section is a minor misdemeanor. Each day of noncompliance shall constitute a separate violation.
(Ord. 3174. Passed 8-12-21.)