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(a) The Downtown Landscape Maintenance District is described as follows: the rights-of-way of Central Avenue from Xenia Drive to Dayton Drive, and Main Street from Broad Street to Pleasant Avenue; the rights-of-way abutting City owned or leased parking lots; the rights-of-way of public streets extending 250 feet north and south of Main Street.
(b) The maintenance of all landscaping, except landscaping replacement, is the sole responsibility of the City.
(c) No person shall remove, cut, trim, groom or replace landscaping within a Landscape Maintenance District without the prior approval of the City Manager.
(Ord. 01-19. Passed 1-22-19.)
No person shall abuse trees or mutilate any tree or shrub on a public street or other public place, or attach any rope or wire, other than one used to support a young or broken tree, sign, poster, handbill or anything to such trees. Utility companies shall be responsible for keeping overhead lines from coming in contact with trees and from allowing gaseous substances to cause damage to trees.
(Ord. 01-19. Passed 1-22-19.)
(a) In the event a tree located within the right-of-way or on private property should fall into the street either partially or fully, the property owner or abutting property owner shall be responsible for all costs associated with the emergency removal by City personnel or city hired contractor. Determination of the need for immediate removal shall be at the City's discretion.
(b) All expenses incurred by the City for emergency removal, including charges for the use of hired contractors, City employees and equipment, together with an administrative fee of two hundred dollars ($200.00) shall be paid by the property owner. If such costs are not paid, the costs shall be certified by the Finance Director to the County Auditor to be levied as an assessment. The unpaid amount shall be entered upon the tax duplicate as a lien upon such land and collected as other taxes and returned to the city.
(Ord. 01-19. Passed 1-22-19.)
Trees, bushes and shrubs located within City utility easements may be subject to trimming and/or removal to allow for maintenance activities. In such instances, the removed trees, bushes and/or shrubs may try and be saved, but shall not be replaced by the City.
(Ord. 01-19. Passed 1-22-19.)
"Weed", as used in this chapter, includes, but is not limited to, the following: any brush, and all briars, thistles, burdock, dock, coclebur, wild mustard, jimpson weed, dog's fennel, lamb's quarters, plantain, wild carrot, wild parsnip, horseweed, white or yellow sweet clover, velvet leaf, common mallow, ironweed, poison ivy and teasel. In addition, grass of a height of 25.4 centimeters or 10 inches or more shall be deemed a "weed" under this definition, as shall all vegetation constituting a threat to the public health, safety or welfare.
(Ord. 23-19. Passed 5-6-19.)
(a) All noxious weeds and vegetation growing, lying, or located on any land within the City of Fairborn are hereby declared to be a public nuisance per se.
(b) The owner, occupant or any other person or entity, having charge or management of any lot or lands situated within the City greater than one acre shall cut down and remove all weeds which are within 150 feet of any adjacent developed lot or land and/or street right-of-way, and all lots or lands of one acre or less shall be kept mowed in their entirety, during the period from April 1 through November 15 each year.
(Ord. 01-19. Passed 1-22-19.)
Upon receipt of information that weeds are growing on a lot or land in the City, the City Manager shall cause notice to be served upon the owner, of such lot or land notifying him that such weeds are growing on such lot or land and that they shall be cut within five days after the service of such notice. No owner, shall fail to comply with such notice within those five days.
(Ord. 01-19. Passed 1-22-19.)
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