(A) A person is guilty of failure to maintain a lawn, territory or terrain, when being the owner and/or occupant, mortgagee, or a high managerial agent of any commercial, residential or industrial real estate within the city, he or she fails to maintain the lawn, territory or terrain within the boundary of the entire property, including easements or right of ways, in such manner that:
(1) Grass and/or weeds grows to a height in excess of six inches; or
(2) Plant growth encroaches over or upon any public walkway or way, including any highway, public road, street, avenue, alley, boulevard, thoroughfare, or public approaches to the same within the city to the extent that such encroachment hinders either pedestrian or vehicular traffic; or
(3) Plant growth upon the property or debris or objects or things upon the property obscures or hinders the vision or ability of another person to safely negotiate a street, roadway or other public way due to the hindrance; or
(4) Limbs or vegetation from a tree or trees or a bush or bushes or vegetation itself has grown in such manner as to eliminate light and ventilation to a residence or structure; or the limbs and/or vegetation from a tree or trees or bush or bushes or vegetation itself has grown upon or into a roof and/or an exterior wall or walls or any enclosures of a structure in such manner that the weather protection materials of the residence or structure or the structure itself is damaged or is likely to become damaged if the condition continues to exist unabated; or limbs or vegetation from a tree or trees or bush or bushes or vegetation itself is overgrown or lacks such maintenance so as to be unsightly to neighboring property or because of the lack of maintenance the overgrowth devalues or tends to devalue neighboring property; or, potentially because of size or lack of maintenance or because of being diseased it may be or is likely to become dangerous to the public health, safety and welfare.
(B) The provisions of this section shall not be construed to prohibit the growth of ornamental grasses in limited landscaped areas as long as they are otherwise in compliance with division (A)(2), (3) and (4) of this section.
(C) Any patches or areas of grass or weeds on the premises not in compliance with division (A)(1) of this section, the aggregate dimensions grounded of which exceeds a surface area six square feet or greater, will place the whole property in violation of this section.
(D) Any open field in the city is exempted from this section, as long as:
(1) No building or structure is contained upon the property within 100 feet of any public street or highway; and
(2) The grass and weeds do not exceed 18 inches in height; and
(3) The property is otherwise in compliance with division (A)(2), (3) and (4) of this section; and
(4) The property was existing as an open field prior to the adoption of this chapter; and
(5) The proportions of the property are greater than two acres.
(E) Wooded areas are exempt from this section, as long as the wooded area:
(1) Was existing as a wooded area prior to the adoption of this chapter; and
(2) Is not used either intentionally or otherwise for the storage or concealment of litter, trash, junk or debris; and
(3) Is not allowed to grow beyond its existing borders; and
(4) Is in compliance with division (A)(2), (3) and (4) of this section; and
(5) Does not encroach upon the private lands of another, unless permission from the other party is obtained and is in writing and is immediately producible and available upon request by a code enforcement officer or agent.
(Ord. 2009-005, passed 7-13-09) Penalty, see § 151.999