909.04 WEEDS.
(a) It is hereby determined that prohibited noxious weeds and certain weeds as defined below are a public nuisance and prohibited. After April 15 of each calendar year, owners of any improved property within the City shall maintain the property free and clear of any weeds and prohibited noxious weeds.
(b) For purposes herein, “prohibited noxious weeds” are those defined as “prohibited noxious weeds” by the Ohio Department of Agriculture. “Weeds” shall be defined as all grasses, annual plants other than trees and shrubs, which exceed six (6) inches in height. However, this term shall not include cultivated flowers or gardens. “Improved property” means property which has constructed upon it, or in proximity to it, any building or similar structure used or intended to be used as the domicile of persons or as a place of business where persons reside during working hours, or any property in a residential subdivision to which is extended any improvements required by the Subdivision Regulations.
(c) The Building Commissioner shall cause notice of this regulation to be placed on the City’s website by April 1 of each calendar year.
(d) Should any weeds or prohibited noxious weeds be found on any improved property within the City after April 15 of any calendar year, the Building Commissioner shall cause a written notice to be served by regular mail or personal delivery upon the owner, lessee, agent or tenant having charge of such land, notifying them that the weeds and/or prohibited noxious weeds are growing on such lands and that they must be cut or destroyed within seventy-two (72) hours after the service of such notice. If the address of such owner, lessee, agent or tenant having charge of the lands is unknown, it shall be sufficient to publish such notice once on the City’s website. If the owner, lessee, agent or tenant having charge of the lands fails to comply with the above notice, the Building Commissioner shall cause all weeds and prohibited noxious weeds to be removed and/or cut. Thereupon, the expense of all necessary work, including but not limited to cutting, mowing, raking and applying weed killer, as well as an administrative fee of fifty dollars ($50.00), shall be billed to the property owner by regular mail or personal delivery and, upon his failure to reimburse the City this amount within thirty (30) days thereafter, written notice may be made to the County Fiscal Officer advising the City’s action with a statement of the charges for the services, including all services referred to above, the fees of the officers who made the service, the notice and return, and a proper description of the premises, and a request that all such costs and fees be entered upon the tax duplicate and a lien upon such lands from and after the date of the entry which shall be collected as other taxes and be returned to the Municipality according to law. In the alterative, direct legal action may be taken by the Director of Law to recover these expenses.
(e) After one such written notice within any two year period is issued by the Building Commissioner upon the owner, lessee, agent or tenant having charge of such land, the City will assess a one hundred dollar ($100.00) fine upon the owner, lessee, agent or tenant having charge of such land for each subsequent infraction. For any third and subsequent notice issued within that same period, the City will assess a two hundred and fifty dollar ($250.00) fine. Each day that the improved property is not brought in compliance with this section, following the issuance of the requisite notices to the owner, lessee, agent or tenant, shall constitute a separate infraction.
(f) If the property owner does not pay these fines within a period of thirty (30) days, the City may file a lien against the subject property with the County Fiscal Auditor. Such amount shall be a debt of the person to whom assessed until paid and, in case of delinquency, may be enforced as delinquent City property taxes or by a suit against such person by the City, County, or subsequent property owner who paid off such lien.
(Ord. 70-2023. Passed 8-24-23.)