(a) Weed growth restrictions on private property.
(1) Cutting and removing of noxious weeds.
A. Any person owning or having the right to the possession of any lot or land within the village shall at all times keep the property free and clear from all noxious weeds and rank vegetation and shall be required to cut all such weeds and vegetation on the lots owned or controlled by him or her at least twice in every year, once between June 1 and July 1 and once between August 1 and September 1.
B. Any person owning or having the right to possession of lots or land within the village shall at all times keep any weeds or vegetation on such lot or land below 12 inches in height at all times even if this requires cutting such weeds or vegetation more than twice in every year.
C. Such cutting and removal as required by this division shall not be applicable to those lands zoned and being used as agricultural property.
(2) Definition of noxious weeds. Noxious weeds and rank vegetation shall include, but not be limited to:
A. Any weeds such as poison ivy, poison oak, jimson weed, burdock, ragweed, thistle, cocklebur, milkweed, mulleins, or other weeds of a like kind;
B. Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties;
C. Any weeds, grass, or plants other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 12 inches; and
D. Any weed or wild growth which, by reason of the pollen or seed it spreads/produces, or the density of its growth, or its unsightliness, injuriously affects the public health, safety, or welfare.
(3) Noxious weeds and public nuisances. All noxious weeds are declared to be public nuisances.
(4) Frequency of cutting of noxious weeds. All noxious weeds shall be cut and removed or destroyed by the owner or other person having the right to possession of any lot or land within the village on which the weeds or wild growths are growing, as often as necessary to prevent the development of pollen and/or seed, and at least 100 feet from all lot lines which abut upon any occupied premises or any public thoroughfare.
(b) Accumulation of litter on private property.
(1) Removal of litter. Any person owning or having a right to possession of any lot or land within the village shall at all times keep the property free and clear from all litter, solid waste, or demolition materials and shall not permit such materials to be collected or remain upon such land which constitutes or may cause a detriment to the public health.
(2) Definition of litter and solid waste.
A. As used in this section, LITTER or SOLID WASTE includes any unwanted solid or semi-solid materials which result from residential, industrial, commercial, agricultural, or community operations including, but not limited to, garbage, waste, peelings from fruits or vegetables, rubbish, ashes, cans, bottles, wire, oil, paper, cartons, boxes, parts of automobiles, tires, wagons, furniture, glass, combustible or non-combustible material, street dirt, debris, or anything else of an unsightly or unsanitary nature.
B. SOLID WASTE does not include demolition material or other substances that are not harmful or inimical to the public health.
(3) Definition of demolition materials. As used in this section, DEMOLITION MATERIAL means material from construction or demolition operations, which are those items affixed to the structure being constructed or demolished such as brick, concrete, asphalt, stone, glass, wallboard, framing, finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring, and insulation, but excludes materials whose removal has been required prior to demolition.
(4) Periods of storage for solid waste or demolition materials. No person owning or having the right to the possession of any lot or land within the village shall cause or allow solid waste or demolition materials to collect or remain upon such land for a period longer than seven days.
(5) Containers for solid waste.
A. Except for materials too large for containers, all litter or solid waste shall be stored in watertight containers which are constructed of durable, rust resistant materials that are substantially impervious to animals, rodents, or insects.
B. Such containers shall have covers, lids, and/or doors which shall be tight fitting.
(6) Bulk containers. Structures with multiple dwelling units, multiple structures, or other establishments producing litter or solid waste shall be supplied with containers as defined in division (b)(5) above which are sufficient in size to meet the needs of the tenant or occupant.
(7) Solid waste and litter are public nuisances. All litter, solid waste, or demolition materials permitted to accumulate for a period in excess of seven days is hereby declared to be a public nuisance.
(c) Notice to abate.
(1) Written notice required. In the event that the owner or the person having the right to possession of any lot or land within the village fails to cut or remove noxious weeds are required pursuant to division (a) above or permits litter, solid waste, or demolition materials to collect or remain upon such land for a period longer than seven days in violation of division (b) above, then the village solicitor, Mayor, public health department official, or police officer, shall cause written notice to be served on the owner or the person having the right to possession of such lot or land, notifying him or her of such violation and requiring that the noxious weeds be cut or removed or the litter, solid waste, or demolition materials removed within five days after service of such notice.
(2) Service of notice. For purposes of this section, notice may be served in any manner permitted under the Ohio Rules of Civil Procedure. If the address of the titled owner of the lot or land or the person having the right to possession of such property is unknown, it shall be sufficient to publish the notice of the violation once in the Circleville Herald or other newspaper of general circulation in this municipality.
(3) Contents of notice. The notice required to be given as set forth in this section shall state the following information:
A. A statement that the noxious weeds, litter, solid waste, or demolition materials are considered to be a public nuisance;
B. The description and location of the lot or land within the village where such noxious weeds, liter, solid waste, or demolition materials are situated;
C. A statement that the noxious weeds, vegetation, litter, solid waste, or demolition materials must be removed from the premises within five days after service of such notice and order of the same;
D. A statement of the penalties provided for noncompliance; and
E. A statement that in the event that the noxious weeds, vegetation, litter, solid waste, or demolition materials are not removed within five days, that the village will cause the same to be removed and that the property owner will be assessed the costs incurred by the village in removing such noxious weeds, vegetation, litter, solid waste, or demolition materials.
(d) Remedy upon failure to comply.
(1) If the owner of the lot or land or the person upon whom notice is given pursuant to division (c) above fails to comply with this section within five days of receipt of the notice, then the Mayor, public health department official, or police officer is authorized to enter upon such lot or land and cause the litter, solid waste, or demolition materials to be collected and removed or the noxious weeds and vegetation constituting a nuisance or endangering the public health to be cut or destroyed, by the direct employment of labor or by authorizing another person to perform the services on behalf of the village.
(2) The fact that the noxious weeds, vegetation, litter, solid waste, or demolition materials are not removed from any lot or land within the village within five days after receipt of the notice as set forth in division (c) is prima-facia evidence of willful failure to simply with the notice and shall subject the owner or person upon whom notice was served to the penalties set forth in division (f).
(e) Written return to county auditor; village costs entered as lien upon property.
(1) In the event that it is necessary for the village to remove any noxious weeds, vegetation, litter, solid waste, or demolition material from a lot or land within the village as a result of the owner or the person having the possession of the property within the village failing to comply with division (c), then the Mayor, public health department official, or police officer shall report the costs of removal to the Village Council, including the costs of investigation, handling of the nuisance complaint, and the costs of service and notification, and thereafter, upon approval of Village Council, the Clerk of Council shall cause a written return to be made to the county auditor with a statement of such costs together with a description of the premises concerned.
(2 This written return shall be in the form as prescribed under the provisions of the Ohio Revised Code and the amounts, when allowed, shall be entered upon the tax duplicate so as to constitute a lien upon such lands from and after the date of entry, to be collected as other taxes and returned to the municipality with the general fund upon collection.
(3) Such remedy shall be in addition to the penalty provided in division (f).
(f) Penalty. Whoever violates any provision of divisions (a) or (b) shall be guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree.
(Ord. 98-3, passed 6-8-1998)