(a) Noxious Weeds, Grass to be Cut.
(1) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of the following described lots or lands within the Municipality shall be required to cut noxious weeds, grass or other types of vegetation as hereinafter described:
A. All sublots in a recorded subdivision in their entirety.
B. All land which lies within twenty feet of a lot line which is adjacent to lots or lands upon which a residential or commercial building exists.
C. All land which lies within 100 feet of a dedicated thoroughfare.
(2) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of any lot or land described in this section shall be required to cut all such weeds and vegetation such as Russian, Canadian or common thistle, wild parsley, ragweed, milkweed, ironweed as well as all other noxious weeds, grass or other types of vegetation growing or being upon the lots or land as aforesaid by cutting to a height not over six inches. Any growth of such noxious weeds, grass or other vegetation over such height or reaching maturity is hereby declared a nuisance.
(b) Notice to Owner to Cut. The Director of Public Service be and hereby is directed to continually monitor the growth of weeds upon all lands within the City during the growing months, and that upon determination that weeds on any lands are, or are approaching such growth as indicated in subsection (a) hereof, so as to become injurious or harmful to the inhabitants of the City, notice thereof shall be sent in accord with Ohio R.C. 731.51 and 731.52 to the owner, lessee, agent or tenant having charge of such lands to cut and destroy the weeds or grass within five days of service of said notice.
(c) Failure to Comply with Notice. Upon failure to comply with the notice in subsection (b) hereof within the prescribed time to cut and destroy noxious weeds and grass the Director of Public Service shall immediately notify the Service Department of the location of said lands and the Service Department shall forthwith cut and destroy said weeds and grass.
(d) Costs.
(1) The Director of Public Service shall keep accurate record of the cost of such cutting and shall immediately cause to be sent to the proper person as required by Ohio R.C. 731.53 a statement for such cost of each cutting required during the growing months which shall be immediately due and payable.
(2) The minimum fee to be charged shall be in no case less than one hundred and five dollars ($105.00) for the first hour or portion thereof; said one hundred and five dollars ($105.00) for each additional hour or portion thereof.
(3) A second notice of payment due may be sent not later than the first day of October each year for the total cost of each and every cutting not paid, which shall be immediately due and payable.
(4) All payments received shall be credited to the General Fund, but no payments shall be accepted after the certification to the County Auditor as hereinafter provided.
(e) Certification to County Auditor of Unpaid Cost for Weed Cutting for Lien Upon Property. Not later than October 15 of each year the Director of Public Service shall make written return to the Auditor of Trumbull County of its actions under this section and Ohio R.C. 731.51 and 731.53 with a statement of the charges for its services, the amount paid for the performing of such labor as certified by the Director of Public Service, the fees for officers who made the service and notice of return and a proper description of the premises. Said return to the County Auditor shall be for the purpose of having said amounts entered upon the tax duplicate as a lien upon said lands in accord with the provisions of Ohio R.C. 731.54.
(f) Penalty. It is hereby determined that the growth of noxious weeds upon lands within the City not only pose a harmful or injurious threat to the health or physical well being of the inhabitants of the City but also pose a significant safety hazard and that anyone who violates this section, in addition to the assessment of costs for failure to comply with proper notice, shall be guilty of a minor misdemeanor.
(Ord. 0-100-95. Passed 9-18-95.)
(Ord. 0-100-95. Passed 9-18-95.)