(a) Trees, Plants or Shrubbery, Overhanging Public Property. The owner or occupant 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 Village shall cause such trees, plants or shrubbery to be trimmed or cut down and removed in accordance with such regulations and assess the cost thereof against the owner or such lot or parcel of land.
(1) Any owner of any tree overhanging any street or right-of-way with the Village shall prune the branches so that such branches do not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk.
(2) The 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) Removal and/or trimming as required in division (1) or (2) of this section shall be done at said owner's expense and within 30 days after the date of service of notice. If said owner fails to comply with such provisions, the Village shall have the authority to have the necessary work completed and to charge the cost of such work to the property owner.
(4) The Village shall have the right to cause the removal of any dead, diseased or insect-infested tree or tree limbs which constitute a hazard to life or property. The Village shall have the right to prune any tree, plant or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
(b) Removal of Weeds by Owner or Occupant; Five Days Notice. It is hereby determined that weeds, grasses, vines or any other ground cover growing to a height of 12 inches or more is a nuisance. No person, whether owner or occupant, having the charge or management of any lot or parcel of real property situated within the Village, whether said real property is improved, unimproved, vacant or occupied, shall allow or permit weeds, grasses, vines or any other ground cover to grow to a height of 12 inches or more on said lot or parcel, or on the contiguous tree lawn.
(1) Two weeks prior to April 15 of each year, the Village Administrator or his or her designee shall publish, in any newspaper of general circulation within the Village, a notice that all real property owners or occupants shall regularly cut the weeds, grasses, vines or other ground cover growing upon their real estate during the ensuing months of the year.
(2) If any weeds, grasses, vines or other ground cover has grown to a height of 12 inches or more on any lot or parcel of real property within the Village after said publication of written newspaper notice has been completed, the Village Administrator shall then send one notice, by ordinary mail, to the last known mailing address of the owner of any such parcel of real property then shown upon the Lorain County Treasurer Tax Duplicate. Said notice shall act as a continuing notice to the parcel owner for the remainder of the calendar year.
(3) If any person fails to cut or destroy, or cause to be cut or destroyed, such weeds, grasses, vines or other ground cover within five days of the mailing of any such notice, the Village Administrator shall enforce the provisions of this section.
A. The fee for mowing or clearing trees, plants or shrubbery shall be two hundred dollars ($200.00) per hour with a one-hour minimum charge.
B. Acreage within the Village which is violative of this section may, at the option of the Village Administrator, be mowed in its entirety or any portion thereof, if circumstances warrant. However, if only a portion of the property is to be mowed, at a minimum, the Village Administrator shall mow or cause to be mowed from the right-of-way back to a depth of 100 feet across the width of the parcel.
(c) Removal of Trees, Weeds, Grasses by Village. 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 section, then the Village Administrator is authorized and it is declared to be his or her duty to have enforced the provisions of this section, and to cause to be trimmed or removed such tree, plant or shrubbery, or part thereof, and cut and remove all weeds and grasses.
(d) Assessment of Costs by Village. Whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing on private or commercial property contiguous to a street or sidewalk or public place, or on a tree lawn contiguous to private or commercial property, and is trimmed or removed by the Village, then, after the work is done, the Village shall give five-days notice, by regular mail, to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such trimming or removal of trees, plants, shrubbery, weeds or grasses, or parts thereof, which notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within 30 days after the mailing of such notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(Ord. 12-033. Passed 5-15-12.)