(A) Roadway to be kept clear of grass and other yard waste.
(1) Every owner, occupant, or other person or entity having control of any lands within the Village of Cridersville, in trimming grass or weeds, mowing grass or weeds, or other yard maintenance shall ensure that no grass clippings, weeds, or other yard waste is blown into the roadway.
(2) If any such grass clippings, weeds, or other yard waste is blown into the roadway during any kind of yard maintenance, the owner, occupant, or other person or entity having control of the land, or contractor hired by said persons or entities, shall ensure that the grass clippings, weeds, or other yard waste is removed from the roadway.
(B) Notice of violation. Any owner, occupant, or other person or entity having control of the land located within the Village of Cridersville who fails to remove the grass clippings, weeds, or other yard waste from the roadway shall be given notice by the Village Administrator, the Chief of Police, or their designee to immediately remove said items from the roadway. 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 a notice once in the newspaper of general circulation within Auglaize County, Ohio. The owner, occupant, or other person or entity shall remove the grass clippings, weeds, or other yard waste from the roadway within four hours of receipt of notice or within one day of publication, whichever is applicable.
(C) Failure to comply; abatement; payment of costs.
(1) Should such owner, occupant, or other person or entity having control of the land fail to remove said grass clippings, weeds, or other yard waste within the four-hour time frame (or the one-day time frame if by notice by publication), said person or entity shall be issued a criminal citation for violating the requirements of this section. Said violation would constitute a minor misdemeanor.
(2) In the event that the owner, occupant, or other person or entity having control of the land within the Village of Cridersville does not remove the grass clippings, weeds, or other yard waste from the roadway, the Village Administrator or his or her designee may cause such items to be 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 removal at a cost of $150 or hire an outside contractor at their usual rates. Should the village be unpaid by the owner or occupant, 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 or occupant 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) Penalty. Whoever violates any provisions of this section for which another penalty is not already provided, shall be fined not more than $50. Any owner, occupant, or other person or entity having control of the land who has received the notice in accordance with this section, shall be considered in criminal violation of this section should they subsequently violate this section. Any such violation of this section shall constitute a separate offense on each successive day continued.
(Ord. 1689, passed 5-13-2019)