521.07 WEEDS.

   (a)   Cutting and Destroying. The Service Director is authorized, empowered and directed to cut all grasses, weeds or noxious weeds of six inches (6") or more growing in the corporate limits of the City, provided notice, as required by Ohio R.C. 731.51, has been served on any owner, lessee, agent or tenant having charge of lands on which such grasses, weeds, or noxious weeds are growing, and such owner, lessee, agent or tenant has failed to comply within five days after service of the notice by failing to cut such grasses, weeds and/or noxious weeds in accordance with the notice. Prior to cutting and destroying the grasses, weeds, and/or noxious weeds, the Director shall determine by an actual inspection of such lands that the grasses, weeds and/or noxious weeds growing thereon are within the meaning of Ohio R.C. 907.01 and Ohio Administrative Code Chapter 901:5-31.

(Ord. 2019-033. Passed 6-4-19.)

   (b)    Fees for Service and Return. Any police officer or Clerk of Council may make service and return of the notice provided for in Section 521.07(a), and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.

   (c)    Unhealthful Growth; Failure to Remove. 

(1)    It shall be unlawful and a nuisance for the owner of any lot, place or area within the City to permit any weeds, unhealthful growths, dead or diseased trees, or other noxious matter to be growing, lying or located thereon after notice as hereinafter provided. The Service-Safety Director of the City is authorized and empowered to administer this section and shall investigate all requests under this section and notify in writing by certified mail the owner of any such lot, place or area within the City to cut, destroy or remove any weeds, unhealthful growths, dead or diseased trees, or other noxious matter found growing, lying or located on such owner's property.

(2)    No owner so notified shall fail, neglect or refuse to cut, destroy or remove weeds, unhealthful growths, dead or diseased trees, or other noxious matter growing, lying or located on such owner's property within five days after receipt of the written notice, as provided for herein. Each day after the expiration of the five days shall constitute a separate offense.

   (d)    Lien on Property. Council shall make a written return to the County Auditor of their action under Sections 521.07 (a) and (b), with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving the notices, and a proper description of the premises. Such amounts, when allowed, shall be entered on the tax duplicate as a lien on such lands from and after the date of the entry, and shall be collected as other taxes and returned to the City with the General Fund.

   (e)    Violation; Notice to Owner or Tenant. Whenever a violation of any of the provisions of Section 521.07 (c) is noted by a police officer or other officer or agent designated and authorized to enforce the provisions of this chapter, such officer shall issue a written order, on a form prescribed by the Service-Safety Director, directing the owner, agent, lessee or tenant in charge of such premises that a violation of the provision exists and that the violation must be corrected within five days after the date of the issuance of the written order. Each day's violation, after the expiration of the five days herein set forth, shall constitute a separate offense.

(Ord. 2000-45. Passed 6-20-00.)