(a) Definition: For purposes of this section, the terms "Trees, Shrubs and Vegetation" means all wood or leafy vegetation now or hereafter growing on any private property which affects any public area. "Public Area" means any area in which the City of Lorain holds any interest in real property or any public right of way located within the boundaries of the City of Lorain.
(b) Public Nuisance Declared: No person shall permit any tree, shrub, vegetation or parts thereof, to grow upon their respective private real property if the same causes a nuisance condition to exist to any motorist, pedestrian, or to any of the rights of the City of Lorain with respect to its interest in any public area.
(c) Any person having any control over real property within the City of Lorain shall inspect said real property for trees, shrubs and vegetation specifically to determine whether or not there exists any nuisance conditions upon said real property. Upon a determination that any suspected nuisance condition exists, the condition shall be remedied and eliminated in an expedited manner as shall be reasonable under the circumstances in order to abate the nuisance conditions.
(d) The Safety/Service Director, or their designee, may notify an owner of real property of any suspected nuisance believed to exist upon said real property. Said notification of such nuisance shall be in writing and delivered by personal service, certified mail or, in the event the owner is not located, by publication in a local newspaper. Every owner shall remedy and eliminate such nuisance in an expedited manner within the allowed time frame as stated in the notification in order to abate the nuisance condition. It shall be the obligation of the owner of the real property to correct or remove any nuisance condition in such a manner and fashion so as to
satisfy the Director of Public Safety/Service that the nuisance has been abated and that there no longer exits a condition which endangers the life, health, safety or property of the citizens of the City of Lorain.
(e) Should any owner of real property fail to remedy any nuisance condition within the prescribed time as stated in the notice, the Director of Public Safety/Service may cause the nuisance condition to be abated, corrected or removed, and the costs associated with said abatement shall be assessed to the property as provided by law and/or per legal action initiated by the City of Lorain. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for nuisance abatement must disclose the information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the nuisance abatement assessed to the property.
(f) It is hereby prohibited to fasten any sign, wire, rope or other material to, around or through any tree or shrub in any public place in the City of Lorain.
(Ord. 54-16. Passed 5-16-16.)