CHAPTER 523
Trees, Weeds and Shrubs
523.01   Weed cutting, brush and other organic material removal required.
523.02   Notice to cut weeds and grasses.
523.03   Failure to comply.
523.04   Weed cutting expenses; lien.
523.05   Shrubs obstructing traffic view.
523.06   Planting trees in public ways prohibited.
523.07   Trimming overhanging trees.
523.08   Notice of violation.
523.99   Penalty.
CROSS REFERENCES
      Removal of noxious weeds - see Ohio R.C. 731.51 et seq.
      Destruction of weeds - see Ohio R. C. 971.33 et seq.
      Trees - see ADM. Ch. 163
      Destruction of shrubs, trees, crops - see GEN. OFF. 541.06
   523.01 WEED CUTTING, BRUSH AND OTHER ORGANIC MATERIAL REMOVAL REQUIRED.
   (a)   No person who is the owner, occupant, or in charge of land within the City shall permit to grow thereon any weeds or grasses of rank growth exceeding nine inches in height. Inspection shall begin not later than April 15 and conclude November 15 of each year.
(Ord. 10-27. Passed 5-3-10.)
   (b)   No person who is the owner, occupant, or in charge of land within the City shall or permit another to throw, place or deposit, or allow to remain, in any manner whatsoever, any grass, grass clippings, leaves, brush or other organic materials unless it is placed in an appropriate container and maintained therein in a safe and sanitary manner, or is removed within seven days by a hauler licensed to operate within the City limits.
   (c)   Notice of a violation shall be in accordance with Section 523.08.
   (d)    Whoever violates this section is subject to the penalty and associated costs provided for in Section 523.99. (Ord. 09-14. Passed 5-4-09.)
   523.02 NOTICE TO CUT WEEDS AND GRASSES.
   When such weeds or grasses are growing on land within the City, the Director of Service or City Manager may cause certificate of mail notice to be served on the owner, lessee, agent, tenant or other person having charge of such land at his last known address notifying him that such weeds or other growth must be cut or destroyed within five days after receipt of such notice. In the event that the certified mail notice is returned undelivered, then notice may be given by publication once in a newspaper of general circulation or posted on the subject property. In the instance of unoccupied property or vacant land the city, in lieu of a mailed notice, may post the property by affixing a notice to the building or in the instance of vacant land a notice may be affixed to a stake, tree or fence. This notice shall contain the date of posting and the location of the property. Such weeds or other growth must be cut or destroyed within five days after receipt of such notice. In the event that the certificate of mail notice is returned undelivered, then notice may be given by publication once in a newspaper of general circulation or posted on the subject property.
(Ord. 09-14. Passed 5-4-09.)
   523.03 FAILURE TO COMPLY.
   If the owner or other person in charge of such lands fails to comply within seven days from the date of the certificate of mail or other notice, the Director of Service or the City Manager shall cause the weeds and grasses to be cut and destroyed and may employ the necessary labor to perform such work or cause it to be done by the appropriate City division.
(Ord. 09-14. Passed 5-4-09.)
 
   523.04 WEED CUTTING EXPENSES; LIEN.
   All expenses incurred by cutting and destroying such weeds or grass, together with an administrative charge of two hundred dollars for each notice process, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner of the land, if his address is known. If, after thirty days, such amount remains unpaid or in the instance where the address of the owner is unknown, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the County Auditor, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the city, pursuant to Ohio R.C. 731.54.
(Ord. 09-14. Passed 5-4-09.)
   523.05 SHRUBS OBSTRUCTING TRAFFIC VIEW.
   (a)   No person shall plant, place or maintain any shrub or bush on, along or near any public street, alley or highway in such a location as to obstruct the view of drivers using such streets, alleys or highways, at curves or intersections.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 09-14. Passed 5-4-09.)
   523.06 PLANTING TREES IN PUBLIC WAYS PROHIBITED.
   (a)   No person shall plant any tree in the public ways of the City.
   (b)    Notice of a violation shall be in accordance with Section 523.08.
   (c)    Whoever violates this section is subject to the penalty and associated costs provided for in Section 523.99. (Ord. 09-14. Passed 5-4-09.)
   523.07 TRIMMING OVERHANGING TREES.
   (a)   Owners of trees, shrubs, or other plant, any part of which overhang or extend over any part of a public sidewalk or public street in the city shall keep such trees trimmed so that there will be a clearance of 12 feet between the street level and the lowest branches; and at no time, determined by the City Manager or Director of Service, shall any part of the tree, shrub, or other plant obstruct the view of a motor vehicle driver on any public right-of-way.
   (b)    Owners of trees, any part of which overhang or extend over any part of a public sidewalk or lateral strip, shall keep such trees trimmed so that there will be a clearance of 8 feet between the sidewalk or lateral strip, as the case may be, and the lowest branches.
   (c)   Notice of a violation shall be in accordance with Section 523.08.
   (d)    Whoever violates this section is subject to the penalty and associated costs provided for in Section 523.99.
(Ord. 09-14. Passed 5-4-09.)
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