557.01 Definitions.
557.02
Requirement to remove weeds.
557.03
Notice to remove weeds.
557.04
Assessment of costs by the City.
557.05
Planting and removal of trees and shrubs.
557.06
Trimming shade trees required.
557.90
Appeals.
557.99
Penalty.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessments for tree planting or maintenance - see Ohio R.C. 727.011
Notice to cut noxious weeds - see Ohio R.C. 731.51 et seq.
Destruction of weeds - see Ohio R.C. 971.33 et seq.
Noxious weeds - see OAC Ch. 901:5-31
Injury or destruction - see GEN. OFF. 541.06
(a) The following conditions provide harborage and breeding grounds for pests that are an immediate threat to human health, are therefore declared to be nuisances which shall be removed or abated from any property on which they are found:
(1) Grass/weeds over twelve (12) inches in height;
(2) Refuse including trash, junk, garbage and food waste, offal, animal wastes, tires, and all other waste materials;
(3) Stagnant surface water.
(b) The owner, operator, or person in possession or control of the property shall remove or otherwise abate any nuisance described in this section.
(Ord. 2022-49. Passed 9-6-22.)
(a) Notice to cut or destroy any weeds shall be considered to be given to the owner, operator or person in possession or control of the property when such is sent by regular mail to the owner's or occupants last known or best obtainable address.
(b) In the event the owner does not cut or destroy weeds which are in violation of Section 557.01 the City Manager shall cause notice to be served on the owner advising them that unless such weeds are cut or destroyed within fourteen (14) days the property will be added to the City's seasonal "nuisance abatement list" and the nuisance will be abated by the City.
(c) The City will continue to perform regular nuisance abatement of the property on an as needed basis once the property is added to the "nuisance abatement list"
(d) Removal from the seasonal "nuisance abatement list" requires verification from the Director of Zoning that the property is in compliance with Section 557.01 and the owner, operator or person in possession or control of the property has provided a plan (in writing) of how the property will be maintained for the duration of the season.
(Ord. 2022-49. Passed 9-6-22.)
(a) If the owner, operator or person in possession or control of the property herein fails to comply with the notice provided in Section 557.03, the Director of Zoning shall cause such noxious weeds and/or grasses to be cut and destroyed and may employ the necessary labor to perform abatement of the nuisance.
(1) The Director of Zoning will calculate the total cost of nuisance abatement by adding together the labor hours to abate said nuisance, fuel surcharges, hours of inspection, records research, and time spent on notifications.
(2) The Director of Zoning, after abating the nuisance under this chapter may recover the total cost of said abatement as follows:
A. If the owner, operator or person in possession of the property has one or more utility services provided and receives a monthly utility billing statement from the City, the total cost of monthly nuisance abatements will be added to the customer's utility bill and enforced by Chapter 937 Utility Billing, Payment and Disconnection Policy of the Codified Ordinances.
B. Bill the owner, operator or person in possession of the property for reimbursement of the costs of abatement. The bill shall be mailed to the owner's last known address, when the name and address of the owner are known.
C. Prepare a statement of the charges for the services, the amount paid for the performance of such labor and the cost of publication of the notice provided pursuant to Section 557.03, and a proper description of the lots and lands as to which noxious weeds have been cut and destroyed. The Director of Finance shall cause to be prepared and delivered to Council an ordinance levying against such lots and lands such charges, amounts and fees. When the Council has passed such ordinance a copy thereof, together with a list of such charges, amounts and fees to be so assessed shall be delivered by the Director of Finance to the County Auditor, and such charges, amounts, and fees shall be entered upon the tax list and duplicate and become a lien upon such lots and land from and after the date of the entry and be collected as other taxes and assessments and be returned to the City, according to law.
D. Nothing in this section shall prevent the City Solicitor from taking any other action necessary to collect the costs of abatement described by this section.
(Ord. 2022-49. Passed 9-6-22.)
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