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Any tree on public or private property which is diseased or is a nuisance or a hazard to public safety, or any of the prohibited trees listed in Section 547.05 growing on public or private property which interfere with sewer lines or constitute a public nuisance or a hazard may be ordered removed by the City Manager or designee. Any tree ordered removed by the City Manager within a Landscape Maintenance District shall be the responsibility of the City. In all other areas tree removal shall be at the property owner's expense.
(Ord. 01-19. Passed 1-22-19.)
(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.)
(a) The City Manager shall provide a notice in a newspaper of general circulation within the City to be published the last full week of the third (3rd) month of the calendar year informing the property owners of the City of Fairborn about Section 547.13 Duty to Cut Ordinance and 547.14 Written Notice to Cut Weeds in the City of Fairborn Codified Ordinances. Such notice shall not be required to describe the lands or to specify the name of the owner of such property. However, such notice shall constitute notice to any owner of any land upon which overgrown vegetation and/or noxious weeds are grown that the same must be cut and destroyed within five calendar days after such publication. Such notice shall further specify that such overgrown vegetation and/or weeds shall be cut every subsequent time the height exceeds 10 inches. Such notice shall be published one time per year in order to constitute notice hereunder. Said notice shall substantially state the following:
(1) All noxious weeds and vegetation growing, lying, or located on any land within the City are hereby declared to be a public nuisance per se.
(2) All properties within the City of Fairborn shall keep their property in accordance with Section 547.13 of the City of Fairborn Codified Ordinances;
(3) Should the owner of the property fail to comply with Section 547.13, the City will cut the weeds or growth at the owner's expense;
(4) Contact information of the City agency.
(5) Failure to read the notice shall not constitute a defense to, nor waive liability imposed by the tax lien.
(b) One additional written notice will be served upon the owner either in person, or by regular mail to the legal mailing address provided by the Greene County Auditor. This one additional written notice will serve as the second and final notice for the mowing season to all property owners.
(c) Those vacant properties found to be in violation shall have a sign conspicuously placed on the premises from April 1st until November 15th or until the property becomes inhabited. Said notice shall contain the following information:
(1) The nature of the code violation;
(2) An order to cut or remove the weeds or grass when the growth meets or exceeds 10 inches;
(3) A statement indicating that should the property owner fail to comply with the order, the city will cause the weeds or growth to be cut or removed at the owner's expense, and the city will place a lien on the property; and
(4) Contact information of the appropriate city agency.
(5) Removal of the notice before the property is brought into compliance shall constitute a violation of this section.
(Ord. 01-19. Passed 1-22-19.)
(a) In the event that the owner does not comply with the provisions of this section, the City Manager is authorized to enforce the provisions of this section, and cut and/or remove such weeds, noxious weeds, grass, trees, shrubbery or other overgrown vegetation.
(b) All expenses incurred, including charges for the use of mowing contractors, City employees and equipment, together with an administrative fee of two hundred dollars ($200.00) shall be assessed against the lot or land.
(Ord. 01-19. Passed 1-22-19.)
The City Manager shall make a written return or certification to the County Auditor of the actions taken under Sections 547.11 to 547.15 with a statement of the labor charges for cutting the weeds, the fees of the officers serving such notices, the administrative fee charge and a proper description of the premises. The total amount shall be entered upon the tax duplicate and shall be a lien upon such lot or land from and after the date of entry and shall be collected as other taxes and returned to the City with the General Fund.
(Ord. 01-19. Passed 1-22-19.)
The owner, occupant or other person or entity having charge of a lot or land adjacent to a public street or public alley shall be responsible for the cutting of weeds located on the unpaved street or alley right-of-way adjacent to such lot or land.
(Ord. 01-19. Passed 1-22-19.)
The owner, occupant, or other person or entity having charge of a lot or land adjacent to a public street or public alley shall be responsible for the removal of vegetation growing on or about the paved right-of-way adjacent to such lot or land.
(Ord. 01-19. Passed 1-22-19.)