(a) The owner of every lot or parcel of land within the corporate limits upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk shall conform to the regulations herein provided; otherwise, the City shall cause such trees to be trimmed or cut down and removed in accordance with these regulations and assess the cost thereof against the owner of such lot or parcel of land.
(1) Such owner shall trim or cause to be trimmed such tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street or sidewalk is maintained.
(2) Such owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street or sidewalk.
(3) Such owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street or sidewalk.
(Ord. 3031. Passed 12-14-59.)
(b) Whoever violates any provisions of this chapter, or fails to comply with any final order as provided herein shall be, upon conviction of the same, guilty of a misdemeanor of the fourth degree, and have sentence imposed pursuant to Ohio R.C. 2929.21 and 2929.22, provided however, that no portion of any fine imposed shall be suspended upon a condition. A separate offense shall be deemed committed each day on which a violation or non-compliance occurs or continues. (Ord. 7100-00. Passed 3-27-00.)
(a) Declaration of Public Nuisance. It is hereby determined that weeds or grass growing at a height of eight inches or higher between April 1st to November 1st upon any property in the City are a public nuisance. The owner, occupant or any person, firm or corporation having charge or care of any lot or parcel of land within the City, whether the same is improved or unimproved, vacant or occupied, shall cut down and remove there from, all offensive or noxious weeds, vines, grasses and vegetation of a height of eight inches or greater, or any and all weeds, vines and grasses constituting a threat to the public health, safety, comfort or welfare.
(b) Notice to Owner to Cut. The Director of Public Service or his designee is hereby directed to continually monitor the growth of weeds upon all lands within the City during the growing months, and that upon determination that weeds on any lands are, or are approaching such growth as indicated in subsection (a) hereof, so as to become injurious or harmful to the inhabitants of the City, notice thereof shall be sent in accord with Ohio R.C. 731.51 and 731.52 to the owner, lessee, agent or tenant having charge of such lands to cut and destroy the weeds or grass within five days of service of said notice.
(c) Failure to Comply with Notice. Upon failure to comply with the notice in subsection (b) hereof within the prescribed time to cut and destroy noxious weeds and grass the Director of Public Service or his designee shall forthwith cause for the cutting and/or destruction of said weeds and grass. The owner of such property shall thereupon be indebted for the expense incurred a $100.00 service charge and whatever the contract mowing company charges the Director of Public Service or his designee to mow, trim and clean up clippings. After the initial mowing, the Director of Public Service or his designee will continue to maintain property as needed and owner will be invoiced each time, and shall pay the cost thereof within five days after being notified of such costs by the Director of Public Service or his designee.
(d) Certification to County Auditor of Unpaid Cost for Weed Cutting for Lien Upon Property. In the event the owner or occupant fails to pay the cost incurred in the cutting of weeds or grass as provided for in Section (c) within five days after being notified of such cost by the Director of Public Service or his designee, it becomes necessary to certify the expenses incurred by the Director of Public Service or his designee to the Auditor of Trumbull County for the purpose of having said amounts entered upon the tax duplicate as a lien upon said lands in accord with the provisions of Ohio R.C. 731.54.
(e) Penalty. It is hereby determined that the growth of noxious weeds upon lands within the City not only pose a harmful or injurious threat to the health or physical wellbeing of the inhabitants of the City but also pose a significant safety hazard and that anyone who violates this section, in addition to the assessment of costs for failure to comply with proper notice, shall be guilty of a minor misdemeanor.
(f) Additional Remedies. In addition to all other remedies and penalties provided by this section and other ordinances, the Law Director may bring suit in a court of competent jurisdiction to seek an injunction or other appropriate relief, to halt any violation of this section. Such action may include seeking a temporary restraining order or temporary injunction and other appropriate temporary relief. Nothing in this section shall be deemed to restrict a suit for damages on behalf of the City or on behalf of any other person or entity.
(Ord. 8074-16. Passed 5-9-16.)
(a) In the event the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with the provisions of this chapter, then the Director of Public Services shall enforce the provisions of this chapter, and cause to be trimmed or removed such tree, plant or shrubbery, or part thereof, and cut and remove all grass and weeds.
(Ord. 3031. Passed 12-14-59.)
(b) Whoever violates any provision of this chapter, or fails to comply with any final order as provided herein shall be, upon conviction of the same, guilty of a misdemeanor of the fourth degree, and have sentence imposed pursuant to Ohio R.C. 2929.21 and 2929.22, provided however that no portion of any fine imposed shall be suspended upon a condition. A separate offense shall be deemed committed each day on which a violation or noncompliance occurs or continues. (Ord. 7100-00. Passed 3-27-00.)
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