915.05 RESPONSIBILITY FOR MAINTENANCE OF PLANTINGS IN OR OVERHANGING THE PUBLIC WAY.
(a) Plantings shall be established and maintained in and adjacent to the public ways along streets in accordance with the provisions of this chapter. Plantings not so established and/or maintained are hereby declared to be public nuisances, except that existing plantings that are maintained in accordance with ordinances existing on the effective date of adoption of this chapter shall not be considered public nuisances.
(b) It shall be the duty of all property owners and occupants to trim or remove plantings in the public ways abutting their property that are not maintained in accordance with the requirements of this chapter.
(c) The City Manager's designee or any designated member of his staff shall have the authority to enter upon private land at any and all reasonable times to examine any tree, shrub or other planting located upon or over such private land and to carry out the provisions of this chapter.
(d) The City Manager's designee under Section 915.03 shall cause written notice to the property owner(s) and occupant(s) to trim or remove any planting within, or adjacent to, the curb lawn area of the abutting public ways that do not conform with the provisions of this chapter. Such notice shall be sent by certified mail, return receipt requested, to the tax mailing address of the property owner(s) of record with the Butler County, Ohio, Auditor and to the occupant(s) at the address of the property. If certified mail is returned unclaimed, notice will be sent by regular mail.
(e) If the planting is not trimmed or removed within the time period stated in the written notice, not less than ten (10) days from date of receipt of the notice, the City Manager's designee may cause such trimming or removal to be undertaken and the reasonable costs thereof shall be the responsibility of the abutting property owner(s) and occupant(s). Reasonable costs shall include, but not be limited to the time of personnel involved, cost of fuel, cost of machinery, and the size, nature or character of the lot or parcel of land, as well as any and all other expenses for the performance of such labor and services provided, including an administrative fee of two hundred dollars ($200.00). If the use of a contractor is required, the City will be reimbursed the cost paid to the contractor plus administrative fees.
(f) Repeat Violators. For the second or continued violations of the same general character, on property whereby the owner(s) or occupant(s) received notice under subsection (d) hereof, occurring not sooner than fourteen (14) days and not later than two (2) years after the previous violation, the written notice contained in subsection (d) hereof may be omitted and a violation notice, specifying that the violation shall be corrected within seventy-two (72) hours of receipt of said violation notice, shall be personally served upon the owner(s) or occupant(s) as specified in subsection (d) hereof, or posted on the premises if the owner(s) or occupant(s) cannot with reasonable diligence be located. If the violation is not corrected by the specified compliance date by the owner, occupant or other person or entity under subsection (d) hereof, the City shall cause such trimming or removal to be undertaken at the expense of the owner of that land, and may employ the necessary reasonable costs as outlined in subsection (e).
(g) In the event that the property owner(s) and occupant(s) fail to remit such costs to the City within thirty (30) days after written notice of the amount of such costs, the City Manager's designee or the Finance Director may certify such costs to the Butler County Auditor to be entered upon the tax duplicate for the abutting property as a lien and collected as other taxes and returned to the applicable City fund.
(1) In the event that the City certifies the expenses incurred to the Auditor of Butler County to place them on the tax duplicate for collection as a Special Assessment, an additional charge of Fifty Dollars ($50.00) shall be assessed for the purpose of defraying the cost of certification.
(h) In the event that a planting within the public way presents imminent danger to public safety, it may be trimmed or removed by the City without written notice to the property owner. The property owner shall be responsible for the costs thereof as provided in subsection (e) hereof. (Ord. 2022-4-31. Passed 4-27-22.)