(A) Definition. For the purposes of this section, NOXIOUS OR HARMFUL WEEDS AND VINES includes rag weeds, daises, goldenrod, burdock, yellow dock, dandelions, thistles, wild carrot, any grass eight inches in height or taller, and any weed or vegetation which exhales offensive or noxious odors or from which there is carried by the wind any injurious, offensive, or annoying pollen dust, down seed, or particles, or which may conceal filthy deposits or may contain poisonous elements causing rashes or allergic reactions to the general population.
(B) Cutting weeds/grass required.
(1) No owner, occupant, or other person or entity having control of any land or parcel of land located within the boundaries of the Village of Cridersville shall fail to periodically cut and destroy all noxious and harmful weeds, vines, and/or grass growing upon such lot or parcel of land. This division (B)(1) shall not apply to growing crops or cultivated plants.
(2) For the purpose of determining the frequency of cutting and destroying noxious or harmful weeds, vine, and/or grass as required herein, any such weed, vine, or grass growing upon any lot or parcel of land and extending to a height of eight inches shall be deemed noxious and harmful weeds, vine, and/or grass as described in divisions (A) and (B) of this section.
(C) Failure to cut weeds/grass after notice; payment of costs.
(1) Notice shall be given to an owner, occupant, or other person or entity having control of a lot or parcel of land located within the Village of Cridersville by the Village Administrator, the Chief of Police, or their designee to immediately cut noxious or harmful weeds, vines, or grass growing on the subject premises. Such notice shall be in writing, delivered by registered or certified mail, personally, or by posting to the land where the violation occurred. Should the address of the record owner be unknown and the premises be unoccupied it shall be sufficient to publish the notice once in a newspaper of general circulation within Auglaize County, Ohio. The owner or occupant shall cut the noxious or harmful weeds and vines within five days of receipt of notice or of publication, whichever is applicable.
(2) Should such property owner, occupant, or other person or entity having control of the property fail to cut such noxious or harmful weeds, vines, or grass within the five-day period the owner, occupant, or other person or entity having control of the property shall be issued a criminal citation for violating the requirements of this section.
(3) Should any owner, occupant, or other person or entity having control of a parcel or lot be served with more than one notice to cut noxious or harmful weeds, vines, or grass in any 180-day period, each notice beyond the first shall be deemed a violation of this section subjecting the owner or occupant to a criminal citation regardless of their compliance with this division (C).
(4) In the event the owner, occupant, or other person or entity having control of a lot or parcel does not cut the noxious or harmful weeds, vines, and/or grass the Village Administrator or his or her designee may cause such noxious or harmful weeds, vines, and/or grass to be cut and removed and charge the expense thereof to the owner or occupant of the subject lot or parcel. The Village Administrator can choose to have the village perform the work at a cost of $250 or hire an outside contractor at their usual rates. Should the village be unpaid by the owner, occupant, or other person or entity having control of the property the village may certify the unpaid amount to the County Auditor and the same shall act as a lien upon the subject lot or parcel to be collected as a special assessment and/or may civilly collect the unpaid bill from the owner, occupant, or other person or entity having control of the property in a court of law. Should it be necessary to proceed with a special assessment or a civil action, an additional fee of $150 will be assessed for the purpose of defraying the cost of such certification or litigation.
(D) Trimming hedges abutting public sidewalks. The owner or occupant of any lot or parcel of land bounding or abutting any public sidewalk, roadway, or alleyway adjacent to which any hedge is planted or growing shall keep such hedge trimmed in such a manner so as not to interfere with the clear vision of any operator of any vehicle traversing such roadway or alleyway and will in no manner discommode, interfere with, or inconvenience any person traveling on such sidewalk or walkway. Any person who violates this division (D) shall be subject to the same notice procedures and penalties as enunciated in division (C) above.
(E) Penalty. Whoever violates any provisions of this section for which another penalty is not already provided shall be fined not more than $100. Any owner, occupant, or other person or entity having control of the property who has received a notice in accordance with division (C)(1) of this section shall be considered in criminal violation of this section should they subsequently violate division (C) of this section regardless of whether they comply with the notice requirements contained in division (C). Any such violation of this section shall constitute a separate offense on each successive day continued.
(Ord. 1580, passed 8-9-1999; Am. Ord. 1688, passed 4-8-2019)
Cross-reference:
Removal of grass clippings and other yard waste from roadway, see § 174.31