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(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.)