521.10 NOTICE TO CUT NOXIOUS WEEDS OR REMOVE LITTER; FAILURE TO COMPLY; COST FOR CITY WORK.
   (a)    It is hereby declared to be a nuisance for noxious weeds or grass in excess of six inches to be growing upon lands within the Municipality, whether the same be improved or unimproved, vacant or occupied, such that the same are about to spread or mature seeds. When such a nuisance exists, the Building Department shall cause written notice to be served upon the landowner, lessee, agent or tenant having charge of such land, notifying such person that noxious weeds are growing upon such lands and that they shall be cut and maintained in a vegetation state so as not to create a nuisance. This order shall be corrected within five days after the service of such notice. (Ord. 3-2009. Passed 4-7-09.)
   (b)    As used in this section, "noxious weed" means shatter cane, Russian thistle, or any plant designated a prohibited noxious weed by the Ohio Director of Agriculture; or weeds which are spreading or maturing seeds, or about to do so, ragweed, goldenrod, poison ivy, poison oak or dandelions.
   (c)    It is hereby declared to be a nuisance to place litter upon lands within the Municipality. When such a nuisance exists the Building Department shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying such person that litter is on the land, and that it shall be collected and removed within fifteen days after the service of the notice.
   (d)    As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, dead trees, limbs, dead wood, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil, grass clippings or excess dirt not indigenous to the subject property, or anything else of an unsightly or unsanitary nature. (Ord. 34-1994. Passed 9-27-94.)
   (e)    If the owner or other person having charge of the land referenced hereinabove has a known address, then the notice required herein shall be sent to such address by posting a notice on the property, or shall be made by actual personal service by the Building Commissioner, or any other duly designated agent of the City. If the address of the owner or other person having charge of the subject land is unknown it is sufficient to publish the notice once in a newspaper of general circulation within Cuyahoga County. Any one notice performed in accordance with this section per calendar year shall be considered as notice for the entire calendar year and the City shall be permitted to abate said nuisance as determined to be necessary without subsequent notice to the owner or other person in charge of the land. The language of said notice will state that at any time during the current year that the nuisance condition is permitted or continued by such owner or person in charge of such lot or land, the City will cut and dispose of such weeds and/or noxious matter.
(Ord. 15-2008. Passed 6-10-08.)
   (f)    If the owner, lessee, agent or tenant having charge of the lands referred to in subsections (a) and (c) hereof fails to comply with the notice required by such sections, the Service Director shall cause such noxious weeds to be cut and/or maintained in a vegetation state or such litter removed and may employ the necessary labor to perform such task. The expenses for the foregoing, after first being submitted to and approved by the legislative authority, shall cause a notice to be served upon the owner, lessee, agent or tenant having charge of the lands requiring such person to pay the cost of such work in accordance with a statement of cost enclosed with such notice. The notice shall be sent in the same manner as provided in subsection (e) hereof. If the statement of costs is not paid within thirty days after mailing of such notice and statement, the legislative authority of the City shall make a written return to the County Auditor of its actions taken hereunder with a statement of the charges for such services, the amount paid for the performing of such labor, and a proper description of the premises. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the City with the general fund.
   (g)    Whoever fails to comply with the notice to cut and/or maintain in a vegetation state weeds or remove litter within the time limits prescribed in subsections (a) and (b) hereof shall be guilty of a misdemeanor of the second degree. (Ord. 3-2009. Passed 4-7-09.)