(a) Trimming of Trees, Shrubbery. The owner of every lot or parcel of land upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging any public street, sidewalk, or right-of-way shall conform to the regulations of this section and shall cut and destroy noxious weeds as provided for in Ohio R.C. 731.51 et seq. and Chapter 931 of the Codified Ordinances. If such regulations are not followed, the Village shall cause such trees to be trimmed or cut down and removed in accordance with this section and Chapter 931, with the costs to be assessed against the owner of the lot or parcel of land.
(1) The owner shall trim or cause to be trimmed every overhanging tree, plant, or shrub so that a clear height of nine feet between the lowest branch and the street or sidewalk is maintained.
(2) The owner shall trim or remove, as the case may require, every dead, decayed, or broken tree, plant, shrub, or part thereof, so that the same shall not fall to the street or sidewalk.
(3) The owner shall cut down and remove any tree, plant, shrub, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street or intersection, or to abate any nuisance to protect the life, limb, and property of persons, drivers of vehicles, or pedestrians using any street or sidewalk.
(b) Definitions. As used in this section, the following definitions shall apply:
(1) “Noxious weed” means any plant which is listed as a “prohibited noxious weed” and/or “secondary noxious weed” by the Director of Agriculture in Section 901:5-31-01, Ohio Administrative Code.
(2) “Uncontrolled growth” means all grasses and/or weeds growing at a height of six inches or higher upon:
A. Any and all land within 100 feet of any public road right-of-way.
B. Any and all lands within fifty feet of a lot line which is adjacent to lots or lands upon which any residential dwelling or multi-family building exists, whether or not said building is occupied or used;
C. Any and all residential lots and sublots in a recorded subdivision in its entirety.
D. Any and all land within 100 feet of the paved or traveled portion of any private street, private roadway, access easement and/or access drive or driveway that serves as the principal means of ingress and egress for any residential dwelling or for any multi-family building.
(c) Uncontrolled Growth, Nuisance. It is hereby determined that uncontrolled growth, as defined in subsection (b)(2) hereinabove, within the Village, is hereby declared to be a public nuisance.
(d) Agricultural Use, Exempted. Notwithstanding the provisions of this chapter, there shall not be included any land where grasses are grown in conjunction with the agricultural purposes of farming, dairying and/or pasturage.
(e) Removal of Noxious Weeds and/or Uncontrolled Growth. Upon information that:
(1) Noxious weeds are growing on lands within the Village and are about to spread or mature seeds; and/or
(2) Uncontrolled growth is growing on lands or property within 100 feet of any public road right-of-way or upon land within fifty feet of a lot line which is adjacent to lots or lands upon which a residential dwelling or multifamily building exists, whether or not said building is occupied, or all sublots in a recorded subdivision in their entirety and/or any and all land within 100 feet of the paved or traveled portion of any private street, roadway and/or access drive or driveway that serves as the principal means of ingress and egress for any residential dwelling or for any multi- family building public road right-of-way, the Village Administrator shall cause written notice to be served upon the owner, lessee, agent, or tenant having charge of any such lot or parcel of land, whether the same is improved or unimproved, vacant or occupied, notifying him that said noxious weeds and/or uncontrolled growth is growing on such lot or parcel of land, and that such noxious weeds and/or uncontrolled growth must be cut and destroyed within five days after the service of such notice.
(f) Notification; Service. The written notice required by this section may be served by (1) delivering it personally to the owner or other person having charge of such lands or (2) by leaving it at the owner’s usual place of business or residence, or (3) by posting it in a conspicuous place on the main building on the real estate involved, or (4) by mailing it to a non-resident owner by certified or regular mail, or (5) by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.
(1) If the property is vacant, then notice may be served by posting a written notice on the property in a conspicuous place on the property and by also sending the written notice by certified mail and by regular mail to the last known address of the owner or agent of the vacant property. When the notice is mailed by certified mail and by regular mail, then service is deemed perfected three days from the date of mailing.
(2) The written notice may be served by any police officer, service aide, or clerk of the Village.
(3) One notification per calendar year shall be deemed notice for all subsequent violations during the same calendar year.
(g) Compliance. The owner, occupant, or person having the charge or management of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant or occupied, within five days after written notice that noxious weeds and/or uncontrolled growth is growing on said lands is served upon him or her by personal service, or residence service or by certified mail or by publication, shall cut or destroy or cause to be cut or destroyed all noxious weeds and/or uncontrolled growth, and prevent the same from blooming, going to seed or spreading.
(h) Noncompliance; Remedy of Village. If the owner, lessee, agent or tenant having charge of the lands herein fails to comply with such notice, the Director of Utilities and Public Services shall cause said noxious weeds and/or uncontrolled growth to be cut and destroyed, and the expenses so incurred shall be paid out of the treasury of the Village, and an invoice for such costs, including administrative costs, shall be submitted to the owner, lessee, agent or tenant for reimbursement to the Village. In the event that during the enforcement of the remedies set forth herein, it is determined that refuse, rubbish and/or garbage, as defined in Section 1317.04
of the Codified Ordinances, and/or other items as set forth in Section 521.05
, are permitted to accumulate, such accumulation shall be removed by the Village, and the costs for such removal shall be added as costs and collected in the manner set forth herein. Whenever any tree, plant, shrub or part thereof, or grass, weeds and vines are growing in violation of subsections (a) and (b) hereof; or refuse, rubbish, garbage and/or other items are permitted to accumulate in violation of subsection (c) hereof, and are trimmed and/or removed by the Village, after such work is performed, the Village shall give five days notice by certified mail to the owner of the lot or parcel of land, at his last known address, to pay the cost. If the envelope is returned without an endorsement, thereby showing failure of delivery, then a notice shall be made by single publication in a newspaper of general circulation. The notice shall be accompanied by a statement of the amount of cost incurred. In the event the amount is not paid within thirty days after the mailing of the notice, then the amount shall be certified to the Auditor of Lake County for collection in the same manner as other taxes and assessments are collected.
No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law.
(i) Penalty. Whoever violates subsection (g) hereof shall be deemed guilty of a minor misdemeanor and fined an amount not exceeding one hundred dollars ($100.00). Each day’s violation shall constitute a separate offense.
(Ord. 1995-14. Passed 2-6-95; Ord. 2000-80. Passed 7-11-00; Ord. 2013-070. Passed 7-2-13; Ord. 2016-079. Passed 9-6-16; Ord. 2016-091. Passed 10-4-16.)