553.03 NOTICE TO OWNER TO CUT NOXIOUS WEEDS OR REMOVE LITTER; SERVICE.
   (a)    Upon written information that noxious weeds are growing on lands in the municipality, the Village Administrator shall cause a written Notice of Violation to be served upon the owner, lessee, agent, or tenant having charge of such land, notifying him or her that noxious weeds are growing on such lands and that they must be cut and destroyed within three (3) days after service of such Notice.
   (b)    Upon a finding by the Village Administrator that litter has been placed on lands in the municipality, has not been removed, and constitutes a detriment to public health, the Village Administrator shall cause a written Notice of Violation to be served upon the owner, lessee, agent, or tenant having charge of such land, notifying him or her that litter is on the land, and that it must be collected and removed within three (3) days after the service of the Notice.
   (c)    Service of written Notice of Violation shall be made by the Village Administrator, or an authorized agent of the Village Administrator, upon the owner of the property as listed by the Hamilton County Auditor's office, or the person, firm or corporation identified as the occupant of such property at the property address itself. Such Notice shall be sent by certified mail, personal delivery, or by posting such Notice at the premises in a conspicuous location. When Notice of Violation is given by posting the premises, the date the Notice is posted shall be the date of service. If Notice sent by certified mail as provided herein shall be returned as unclaimed or refused, it shall be sufficient to mail such Notice by ordinary mail directed to the person at the address from which the certified mail was returned, and the period to abate such nuisance as set forth within such Notice shall begin to run from the third day following the mailing of such Notice by ordinary mail. Service of such written Notice of Violation as detailed above shall be required only one (1) time during a calendar year in all cases, including the case of noxious weeds and tall grass. Within the same calendar year following the initial Notice as described above if the grass and/or noxious weeds on the property which already has received such Notice again exceed ten (10) inches in height, the Village Administrator or his agent shall post a Notice in a conspicuous place upon the premises, which Notice shall provide that such noxious weeds or tall grass shall be cut within three (3) days and no additional Notice shall be required before the Village may enter upon the property and abate such nuisance as provided herein.
   (d)    Failure to correct or abate such nuisance within the time provided by the Notice of Violation shall be a violation of this Section and each day thereafter may constitute a separate offense subject to the penalties as provided herein.
   (e)    If the owner of the property who has received such a Notice of Violation transfers ownership of the property, such owner shall furnish the Grantee or Transferee a true copy of any Notice of Violation issued by the Village, and shall furnish to the Village Administrator a signed and notarized statement from the Grantee or Transferee acknowledging the receipt of such Notice of Violation, and fully accepting the responsibility without condition for bringing the property into compliance as required by the Notice of Violation.
   (f)    This section does not apply to land being used under a municipal building or construction permit or license, a municipal permit or license, or a conditional zoning permit or variance to operate a junkyard, scrap metal processing facility, or similar business, or a permit or license issued pursuant to R.C. Chapter 3734, §§ 4737.05 to 4737.12, or R.C. Chapter 6111.
(Ord. 2023-6. Passed 5-8-23.)