(a) Any word or phrase used in this section which is not defined herein shall have its ordinary meaning.
(1) Grass shall mean any of a large family (Gramineae) of monocotyledonous, mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelets of bracts.
(2) Noxious weeds shall include, but is not limited to, thistle, burdock, jimson weed, ragweed, milkweed, dandelion, poison ivy, poison oak, and poison sumac.
(3) As used in this section, litter includes, but is not limited to, any garbage, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly nature, or anything else of an unsightly or unsanitary nature.
(b) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the Village, shall permit weeds or other undesirable vegetation, grasses, etc., to grow thereon to a height in excess of twelve (12) inches or to mature their seeds thereon, or fail to cut and destroy such weeds and other undesirable vegetation on such property, including any adjacent right of ways. Any growth of grass, weeds, or other undesirable vegetation in violation of this section constitutes a detriment to public health and hereby is declared a nuisance.
(c) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the Village shall allow any litter to accumulate on such property, including any adjacent right of ways. Any accumulation of litter in violation of this section constitutes a detriment to public health and hereby is declared a nuisance.
(d) When determined through an investigation by the Chief of Police or his designee that a violation of subsection (b) or (c) hereof exists upon any land within the Village, a written notice of violation shall be served to the owner, lessee, agent, tenant or person having charge or care of the land. This notice may be served by certified mail or personal service and shall contain an order to cut or destroy the weeds or undesirable vegetation or remove the litter within ten (10) days. If the address of the owner or other person having charge of the land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the county, or by posting the notice upon the property.
(e) In the event the owner, lessee, agent, tenant or person having charge does not comply with the order to cut or destroy the weeds or undesirable vegetation or remove the litter within the time limit specified in subsection (d) hereof, after notice of violation has been served, the Police Chief or his/her designee, or the City Manager or his/her designee, shall cause such undesirable weeds or vegetation to be cut and destroyed or the litter removed, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. In addition, the owner is liable to the penalties provided herein.
(f) When undesirable weeds or vegetation are cut or destroyed and/or the land cleared of debris or litter from the property, a statement of cost thereof shall be mailed to the owner, lessee, agent, tenant or person having charge of such land by certified mail, return receipt requested. If certified mail is returned for any reason, the statement of cost shall be mailed, via regular United States Mail, postage prepaid to the last known address of the owner, lessee, agent, tenant or person having charge of such land. Such statement shall include the following costs to the Village:
(1) Actual cost of mowing, cleaning up and disposal of the grass, weeds, litter and/or debris.
(2) Service of notice fees and a 50% administrative fee.
(g) The owner, lessee, agent, tenant or an other person having charge or care of land, shall pay such fees as are charged in accordance with subsection (f) hereof to the Finance Director within thirty (30) days after receipt of the statement of costs. Any payment so received shall be restored to the appropriation from which the costs were paid. If the fee is not paid when due or all mail (certified and regular) service is returned, the Finance Director shall certify to the County Auditor the proceedings taken under this section, together with a statement of the charges for services listed in subsection (f) hereof and a legal description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the Village’s General Fund as provided by Ohio R.C. 731.54.
(h) The Chief of Police, any Village police officer, the City Manager, or the Clerk may make service and return of the notices provided for in subsection (d) hereof, and shall be allowed the same fees as that provided for service and return of summons in civil cases before a court or magistrate.
(i) Whoever violates this section is guilty of a minor misdemeanor. Each day that the undesirable weeds or vegetation is permitted to continue to grow or that litter is not removed after the specified time limit has expired shall constitute a separate offense.
(j) The failure of any officer or employee of the Village to perform any official duty imposed by this section shall not subject the officer or employee to the penalty imposed for a violation of this section.
(k) This section does not apply to land being used under a municipal building or construction permit, 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 Ohio R.C. Chapter 3734, Ohio R.C. 4737.05 through 4737.12, or Ohio R.C. Chapter 6111. (Ord. 1-14. Passed 2-19-14.)