(a) Any person owning or having charge of land within the Municipality shall keep said property free and clear of all noxious weeds and rank vegetation and shall be required to cut all such weeds and vegetation on the lots owned or controlled by them at any time the weeds or vegetation meet or exceed a height of six inches.
(Ord. 2002-7. Passed 6-24-02.)
(b) Notice to Owner to Cut Noxious Weeds; Service.
(1) Upon written information that noxious weeds are growing on lands in the Municipality and are about to spread or mature seeds, Council shall cause written notice to be served on the owner, lessee, agent or tenant having charge of such land, notifying him that noxious weeds are growing on such lands and that they must be cut and destroyed within five days after service of such notice.
(2) Upon a finding by Council that litter has been placed on lands in the Municipality, and has not been removed, and constitutes a detriment to public health, Council shall cause a written notice to be served upon the owner and, if different, upon the lessee, agent or tenant having charge of the littered land, notifying him that litter is on the land, and that it must be collected and removed within fifteen days after the service of the notice.
(3) As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wires, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
(4) 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. 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.
(5) This section does not apply to land being used under a Municipal building or construction permit or license, a Municipal permit or license, or a conditional zoning permit or variance to operate a junkyard, scrap metal processing facility or similar businesses, or a permit or license issued pursuant to Ohio R.C. Chapter 3734, 4747.05 to 4737.12, or Chapter 6111.
(c) Fees for Service and Return. Any police officer, or the Village Fiscal Officer may make service and return of the notice provided for in subsection (b) hereof and shall be allowed the same fees as that provided for service and return of summons in civil cases before a magistrate.
(d) Procedure When Owner Fails to Comply with Notice. If the owner, lessee, agent or tenant having charge of the lands mentioned in subsection (b) hereof fails to comply with the notice required by such section, Council shall cause such noxious weeds to be cut and destroyed or such litter removed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by Council, be paid out of the money in the treasury of the Municipality not otherwise appropriated.
(e) Written Return to County Auditor; Lien Upon Property. Council shall make a written return to the County Auditor of their action under subsections (b), (c) and (d) hereof, with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving notices and the proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the Municipality with the General Fund.
(Ord. 1976-7. Passed 11-9-76; Ord. 2003-1. Passed 1-13-03.)