(a) Trimming of Trees and Shrubbery. The owner of every lot or parcel of land within the corporate limits on which a tree, plant or shrubbery stands with any part on or overhanging a public street, alley or sidewalk shall conform to the regulations herein provided; otherwise, the municipality shall cause such trees to be trimmed or cut down and removed in accordance with such regulations and assess the cost thereof against the owner of such lot or parcel of land as set forth in division (d) of this section.
(1) Such owner shall trim or cause to be trimmed such tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street or sidewalk is maintained.
(2) Such owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same does not fall to the street or sidewalk.
(3) Such owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance as required to protect the life, limb or property of any driver of a vehicle or any pedestrian using such street or sidewalk, or any other person.
(4) Such owner shall immediately remove any obstruction to a public street, alley, or sidewalk in the event that a tree and/or branches fall and cause such obstruction. In the event that the City of London Street Department is required to remove such obstruction, the owner will be assessed the cost of removal. No notice required pursuant to this division need be given. If the cost has not been paid within 30 days after the mailing of such notice, then the municipality shall make a written return to the County Auditor of its action with a statement of the charges for its service, the amount paid for labor and a proper description of the premises. These amounts shall be entered upon the tax duplicate, be a lien upon such land from the date of the entry and be collected as other taxes and returned to the municipality with the General Fund.
(b) Notice to Cut Noxious Weeds or Remove Litter.
(1) As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, 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.
(2) Upon information that noxious weeds are growing on land in the municipality, and are about to spread or mature seeds, the municipality shall cause a written notice to be served by certified mail, pursuant to the Ohio Rules of Civil Procedure, on the owner, lessee, agent or tenant having charge of such land, notifying him or her that noxious weeds are growing on such land and that they must be cut and destroyed within five days after the service of such notice.
(3) Upon a finding by the municipality that litter has been placed on land in the municipality, has not been removed and constitutes a detriment to public health, the municipality shall cause a written notice to be served on the owner and, if different, on the lessee, agent or tenant having charge of such land, notifying him or her that litter is on the land and that it must be collected and removed within 15 days after the service of the notice.
(4) If the owner or other person having charge of the land has a known address, the notice shall be sent to his or her address by certified mail. If the address of such owner or other person 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, a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility or similar business or a permit or license issued pursuant to R.C. Chapter 3734, §§ 4737.05 to 4737.12 or Chapter 6111.
(c) Failure to Comply With Notice. If the owner, lessee, agent or tenant having charge of the land mentioned in division (b) of this section fails to comply with the notice required by such division, the municipality 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 be paid out of any money in the Treasury of the municipality not otherwise appropriated.
(d) Assessment of Costs. Whenever the municipality proceeds under division (a) or (c) of this section, the municipality shall give five days notice, by certified mail, to the owner of the land to pay the cost incurred by the municipality in removing the weeds or litter, or in trimming the trees, which notice shall be accompanied by a statement of such cost. If such owner has no known address and has been previously served pursuant to division (b) of this section by publication, no notice required pursuant to this division need be given. If the cost has not been paid within 30 days after the mailing of such notice, then the municipality shall make a written return to the County Auditor of its action with a statement of the charges for its service, the amount paid for labor and a proper description of the premises. These amounts shall be entered upon the tax duplicate, be a lien upon such land from the date of the entry and be collected as other taxes and returned to the municipality with the General Fund.
(e) Penalty. Whoever violates or fails to comply with this section is guilty of a minor misdemeanor.
(Ord. 146-80. Passed 7-17-80; Ord. 142-19. Passed 6-20-19.)