(a) No owner, lessee, occupant or other person having the charge or management of any lot or parcel of land situated within the Village, whether improved or unimproved, vacant or occupied, and including lawn and tree lawn areas, shall cause, permit or suffer:
(1) Any lawn or grass, other than ornamental grass, weed or vine to grow a height in excess of six inches upon said lot or parcel; or
(2) Any noxious or poisonous weeds or vines, as defined by the Ohio Department of Agriculture at Section 901:5-21-01 of the Ohio Administrative Code, to grow upon said lot or parcel.
(b) If at any time the owner, lessee, occupant or other person having charge or management of the lot or parcel, does not cut, trim or remove any lawn, grass, weed, vine, noxious or poisonous weed or vine, is in violation of section (a), the Village of Linndale may take any or all of the following actions:
(1) The Village may take any action necessary to abate the nuisance and to bill the owner of the property for all costs of abatement, but no less than seventy-five dollars ($75.00) per lot. If the amount is not paid within thirty days after the mailing of the billing, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected; and the Village may report such non-payment to credit reporting agencies under the property owner’s name; and the Village may attempt to collect the costs of abatement through any legal means available, including but not limited to filing a collection action in the municipal court.
(2) The Village may ticket the owner, operator, and/or person in possession or control of the property. Each violation may be subject to a fine of up to one hundred fifty dollars ($150.00). Each day the nuisance exists is considered a separate offense.
(3) The Village may take other civil or criminal actions under applicable law.
(c) Any owner, lessee, occupant or other person having charge or management of any lot or parcel of land, who has received a billing pursuant to subsection (d) hereof, may appeal the notice to the Council of the Village of Linndale. Such notice of appeal must be in writing signed by such owner, lessee, occupant or other person having charge or management of the lot or parcel, and must be filed at the Mayor’s office within five days following the date of receipt of the notice of billing. The Mayor, within five days after the filing of any notice of appeal, shall notify the appellant of the next regularly scheduled Council meeting and will add an item to the agenda to hear the appeal; at which hearing all interested parties shall be afforded an opportunity to be heard. If the appellant demonstrates either that the condition on his lot or parcel did not violate any provision of subsection (a) hereof, then the Council shall, as appropriate, either modify or annual the notice of billing.
(Ord. 2018-25. Passed 6-5-18.)