(a) Keeping Down Weeds.
(1) Any person owning or having charge of land within the Municipality shall keep such property free and clear from all noxious weeds and rank vegetation. Such persons shall be required to cut all such weeds and remove such rank vegetation no less than five (5) times per year, at least as follows: once in May; once in June; once in July; once in August; and once in September. (Ord. 2004-7. Passed 7-5-04.)
(2) Noxious weeds and rank vegetation shall include but not be limited to:
A. Any weeds such as the following:
Noxious Weeds
Buckthorn Musk Thistle
Canada Thistle Oxeye Daisy
Corncockle Perennial Sowthistle
Cressleaf Groundsel Poison Hemlock
Curly Dock Purple Loosestrife
Dodder Quackgrass
Field Bindweed Russian Knapweed
French Weed Russian Thistle
Hairy Whitetop Serrated Tussock
Hedge Bindweed Shatter Cane
Hoary Cress Wild Carrot
Horsenettle Wild Garlic
Johnsongrass Wild Mustard
Leafy Spurge Wild Onion
Mile-A-Minute Weed Wild Parsnip
B. Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years;
C. Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties;
D. Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding twelve inches.
(b) Notice to Owner to Cut Noxious Weeds, Remove Litter; Service.
(1) Upon written information that noxious weeds are growing on lands in the Municipality and are about to spread or mature seeds, Council shall cause written notice to be served on 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 five days after service of such notice.
(2) Upon a finding by Council that litter has been placed on lands in a Municipality, and has not been removed, and constitutes a detriment to public health, Council shall cause a written notice to be served upon the owner and, if different, upon the lessee, agent, or tenant having charge of the littered land, notifying him or her that litter is on land, and that it must be collected and removed within fifteen days after the service of the notice.
(3) “Litter” includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wires, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
(4) If the owner or other person having charge of the land is a nonresident of the Municipality whose address is known, the notice shall be sent to his or her address by certified mail. 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.
(5) 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 Ohio R.C. Chapters 3734, 4737.05 to 4737.12, or Ohio R.C. Chapter 6111.
(c) Fees for Service and Return. The Police Chief, any police officer, or Clerk may make service and return of the notice provided for in subsection (b) hereof and shall be allowed the same fees as that provided for service and return of summons in civil cases before a magistrate.
(d) Procedure When Owner Fails To Comply With Notice. If the owner, lessee, agent, or tenant having charge of the lands mentioned in subsection (b) hereof fails to comply with the notice required by such section. Council shall cause such noxious weeds to be cut and destroyed or such litter removed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by Council, be paid out of the money in the treasury of the Municipality not otherwise appropriated.
(e) Written Return to County Auditor; Amount as a Lien Upon Property. Council shall make a written return to the County Auditor of their action upon subsections (b), (c) and (d) hereof, with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving the notices, and a proper description of the premises. These amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the Municipality with the general fund. (1998 Code Secs. 93.40 to 93.44)