Skip to code content (skip section selection)
(A) Prohibition. No owner or occupant of any lot or other land within the city shall permit, allow, or cause any of the following to be or remain upon such property.
(1) Noxious weeds growing and about to spread or mature seeds five days after notice by the Safety Director served upon the owner, lessee, agent, or tenant having charge of the land that noxious weeds are growing and must be destroyed within five days.
(2) Litter, including any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, inoperable or unlicensed motor vehicles or parts thereof, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of any unsightly or unsanitary nature; after a finding by the Safety Director that litter has been placed upon land within the city, and has not been removed, and constitutes a detriment to public health. Written notice by the Safety Director shall be served upon the owner, or if different, the lessee, tenant or agent, having control of the littered land, notifying him that litter is on the land and that it must be collected and removed within ten days after service of the notice.
(3) This section does not apply to motor vehicles registered in accordance with R.C. § 4503.181 as historic vehicles, provided these vehicles are not visible from adjoining property while being restored.
(1) Notice required hereunder shall be served personally by a Marshal, Sheriff, police officer, Clerk of Council or a Deputy of any of these, unless the owner or person in charge is a nonresident of Highland County. The fee for the personal service shall be the same as in civil cases generally.
(2) A nonresident may be served by certified mail.
(3) If the address of any person required to be served under this section is unknown, service is complete upon publication of the notice once in a newspaper of general circulation in the county.
(4) Notices shall include the following paragraph in capital letters at the end: “YOUR MAY REQUEST A HEARING BEFORE COUNCIL WITHIN TEN DAYS AFTER SERVICE OF THIS NOTICE IN ORDER TO APPEAL THIS FINDING, BY MAKING A WRITTEN REQUEST UPON THE CLERK OF COUNCIL. SUCH HEARINGS SHALL BE AT THE NEXT REGULAR COUNCIL MEETING.”
(C) Removal by city. If the owner, lessee, tenant or agent having charge of such lands fails to comply with the notice required under division (A) above, the Safety Director shall cause the noxious weeds to be cut and destroyed, and the litter removed, and may employ the necessary labor to perform the task, expenses to be paid by the city. The city may recover these expenses in any court of competent jurisdiction.
(D) Lien. Council shall make a written return to the County Auditor of its actions under this section with a statement of the charges for its services, the amount paid for the performing of the labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. The amounts shall be entered upon the tax duplicate, shall be a lien upon the lands from the date of entry, and shall be collected as other taxes and returned to the city with the general fund.
(E) Sale of motor vehicles. Motor vehicles, after removal under this section, may be stored and sold by the Chief of Police as if abandoned on public property pursuant to R.C. §§ 4513.60 et seq. Any proceeds of the sale in excess of the storage and sale shall be applied to pay the amounts incurred by the city under this section.
(Ord. 1985-44, passed 11-4-85; Am. Ord. 1987-10, passed 4-6-87; Am. Ord. 2003-12, passed 4-7-03) Penalty, see § 93.99