(a) As used in this section, "person owning or having control of land" means the owner of record of the premises, lot or parcel, either in fee or a lesser estate therein, a mortgagee or vendee in possession of said premises, lot or parcel, an assignee of the rents, a receiver, an executor, an administrator, a trustee, a lessee or other person, firm or corporation in control of the premises, lot or parcel, or their duly authorized agents. Any such person representing the owner shall be bound to comply with this section to the same extent if he or she were the owner.
(b) Any person owning or having control of land within the Village shall keep the land clear of tall or noxious weeds and/or grass. The person shall be required to keep the weeds and/or grass shorter than six (6) inches tall.
(c) All trees shall be trimmed so as to have a clear height of ten (10) feet above the surface of the sidewalks and twelve (12) feet above the surface of the street or roadway, and the branches of all trees in front and along lots or lands near where street lights are placed shall be trimmed so as not to obstruct the free passage of light from said street lights to the street and sidewalk.
(d) If any property in the Village is determined is in violation subsections (b) and/or (c) above, written notice of the violation of this section shall be served upon the person owning or having control of such land notifying the person owning or having control of such land of the violation. The noxious weeds and/or grass notice shall inform the person owning or having control of such land that they are in violation of this ordinance and any noxious weeds and/or grass must be cut to be shorter than six (6) inches tall within three (3) days after service of the notice. The trees or shrubbery notice shall inform the person owning or having control of such land that they are in violation of this section and the trees and shrubbery must be trimmed within fifteen (15) days after service of the notice.
(Ord. 19-2023. Passed 7-17-23.)
(e) If the owner, lessee, tenant, occupant, or person or persons having care of or in control of such land is a nonresident of the Village of Loudonville whose address is known, the notice shall be sent to such person's address by certified mail. Further, it is sufficient to post a notice in a conspicuous place on said premises or to publish such notice once on the Village of Loudonville web site and social media account(s) (if any).
(Ord. 44-2023. Passed 12-18-23.)
(f) In addition to payment of charges set forth below, the person owning or having control of the lands as referenced in this section who fails to comply with this section within the time provided in subsection (d) of this section is guilty of a minor misdemeanor for each day of violation.
(g) After, any person fails to comply with this section, the Village may cause such noxious weeds and grass, trees or shrubbery to be cut and destroyed and may employ labor to perform the task. After such work is performed, the Village shall give five (5) days' notice by regular mail to the person owning or having control of such land or premises, to pay the cost of such cutting or destroying of the noxious weeds, grasses, trees or shrubbery, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty (30) days after the mailing of the notice, such amount may be certified to the Ashland or Holmes County Auditor for collection as other taxes and assessments are collected in accordance with Ohio R.C. 731.54.
(h) When it is deemed necessary to cut and destroy noxious weeds or grasses, trees or shrubbery on private property, in accordance with the provisions of this section, the person owning or having control of the land or premises shall be charged at the rate of one hundred dollars ($100.00) for the first hour or portion thereof and seventy-five dollars ($75.00) per hour thereafter, billed in thirty (30) minute increments. The minimum charge shall be one hundred ($100.00). In addition to these, said person shall reimburse the Village for costs of service of notices as set forth above.
(i) In addition to the remedies previously set forth in this section, whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(j) Notwithstanding the prohibitions set forth above, it shall not be a violation of this section or any similar statute or ordinance for a person owning or having control of land to have a pollinator garden on real property in the Village, so long as the pollinator garden complies with all of the following:
(1) A pollinator garden shall be a section of real property, in compliance with these rules, where at least one pollinator-friendly species of plant is grown between April 1 and November 1.
(2) The property on which the pollinator garden is located must be no smaller than two (2) acres, and the pollinator garden must be at least one-third (1/3) acre in size.
(3) Agree to reduce all pesticide and herbicide used on the property.
(4) Must not block the view of any vehicle using any roadway adjacent to, or near, the property.
(5) Must be clearly marked with a wood or metal sign, readable from the public roadway, designating it as a "Pollinator Garden."
(6) May not be located closer than ten (10) feet from all buildings and sidewalks, and may not be closer than twenty-five (25) feet from any public right-of-way and all property boundary lines.
(7) Must be trimmed with mulch and/or stone.
(8) Must be surrounded by a decorative fence that complies with all Village fence ordinances.
(9) May not contain any invasive species of plant, as defined by the Ohio Revised Code and/or the Codified Ordinances of the Village of Loudonville.
(10) The person owning or having control of the land must otherwise comply with all Ordinances of the Village of Loudonville, including Ordinance 660.13, as it pertains to all parts of the property that are not part of the pollinator garden.
(11) Allow Village representatives to inspect the pollinator garden at reasonable times.
(12) The person owning or having control of the land must seek a permit from the Village, and provide all information required by the Village. Permits for pollinator gardens shall be issued in the discretion of the Village, after consideration of all relevant facts of the pollinator garden, the nature of surrounding properties, the presence or lack thereof of other pollinator gardens in the area, the input of neighboring property owners, visibility to the community, likelihood of introducing wildlife to the area, and any other factors deemed appropriate by the Village or its designated representative.
A person owning or having control of the land, who obtains a permit for a pollinator garden from the Village and remains in compliance with all of the above terms shall be allowed to grow a pollinator garden in violation of the other terms of Section 660.13, including grass and weed height restrictions, except as otherwise prohibited in subsection (i) and its subparts, above. (Ord. 19-2023. Passed 7-17-23.)