CHAPTER 915
Weeds and Trees

915.01   Keeping weeds cut.

915.02   Notice to cut weeds.

915.03   Failure to comply; lien upon property.

915.04   Duty to keep trees trimmed.

915.05   Planting of certain trees forbidden.

915.99   Penalty.

CROSS REFERENCES

   Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20

   Assessments for tree planting or maintenance - see Ohio R.C. 727.011

   Notice to cut noxious weeds - see Ohio R.C. 731.51 et seq.

   Destruction of weeds - see Ohio R.C. 971.33 et seq.

   Injury or destruction - see GEN. OFF. 541.06

   Noxious weeds - see OAC 901:5-31

915.01 KEEPING WEEDS CUT.

   (a)    It is hereby determined that all such weeds and vegetation as Russian, Canadian or common thistle, wild lettuce, wild mustard, rye grass, wild parsley, ragweed, milkweed and ironweed, as well as all other noxious weeds, grasses or other types of vegetation growing or being upon the lots or lands within the City as hereinafter described in subsection (b) hereof at a height exceeding six inches above the ground are a public nuisance.

   (b)    No owner, lessee, agent or tenant having charge or responsibility for, the maintenance of the following described lots or lands within the City shall permit noxious weeds, grasses or other types of vegetation as described in subsection (a) hereof to grow or be upon such lots or lands at a height exceeding six inches above the ground:

      (1)   All sublots in a recorded subdivision in their entirety.

      (2)    All land which lies within twenty feet of a lot line which is adjacent to lots or lands upon which a residential or commercial building exists .

      (3)    All land which lies within 100 feet of a public thoroughfare.

   (c)    In applying enforcement of this section, the City shall allow and encourage the purposeful maintenance of native plants that can be left unmowed without a height limit on a case by case basis, based on visual inspection that allows for such growth when a reasonable number of the following cues are present

      (1)    Clean edges and boundaries such as mown strips along bordering properties, pathways, driveways and sidewalks, except the tree lawn and within six feet of a public street

      (2)    Fences and borders

      (3)    Obvious regular maintenance is occurring

      (4)    Flowering plants and trees

      (5)    Wildlife feeders and houses

      (6)    Familiar layouts and design elements

         (Ord. 24-047. Passed 4-16-24.)

   915.02 NOTICE TO CUT WEEDS.

   (a)    Upon information that noxious weeds, grasses or other types of vegetation have not been cut as required by Section 915.01, the Bureau of Buildings, Inspections, Licenses and Permits shall cause a written notice of violation to be sent to the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of the lots, lands or premises. This notice shall be served by sending it by regular U.S. mail or by personal service to the owner, and/or lessee, agent, tenant or person having charge of, or responsibility for, the maintenance of the lot, lands or premises at his/her address indicating that such growth must be cut and destroyed within five days after service of notice.

   (b)    If the address of the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of such lots or lands is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the County.

   (c)    Every notice to cut and destroy noxious weeds, grasses or other types of vegetation shall state that if the notice is not complied with within the time limit provided therein, in addition to the penalty provided in Section 915.99, costs incurred by the City in cutting and destroying such growth shall be entered upon the tax duplicate and shall be a lien upon such lots and lands.

   (d)    When a written notice of violation has been issued in accordance with the provisions of this section, such notice shall constitute adequate and effective notice for all enforcement purposes under this chapter with respect to continuing or repeat violations of Section 915.01, for a period of one year following the date such initial notice is given.

(Ord. 08-041. Passed 4-1-08.)

915.03 FAILURE TO COMPLY; LIEN UPON PROPERTY.

   (a)    If the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of the lots or lands fails to comply with the written notice, the City shall thereupon cause the noxious weeds, grasses or vegetation to be cut and removed by use of City forces and equipment or by hiring private contractors. All expenses of labor and costs incurred shall, when approved by the Director, be paid out of municipal funds not otherwise appropriated.

   (b)    Upon completion of the cutting and removal of noxious weeds, grasses and vegetation, the Bureau of Buildings, Inspections, Licenses and Permits shall determine the cost of cutting, removal, administrative expenses, and shall cause a statement thereof to be mailed by means of certified mail or personal delivery to the owner of the land at his address of record in the office of the County Treasurer. Such statement of cost shall include:

      (1)    City equipment charge;

      (2)    City equipment operator charge;

      (3)    Equipment transportation charge;

      (4)    Administration and supervision charge;

      (5)   Removal cost (i.e. solid waste district or dump fees);

      (6)    Incidental labor.

   The minimum fee to be charged shall in no case be less than two hundred fifty dollars ($250.00) for the first hour or portion thereof and fifty dollars ($50.00) per employee per hour for each additional hour or prorated portion thereof. This amount is exclusive of any removal cost incurred in carrying out such action. Administration charges shall toll and accrue upon issuance of the order to commence the services described in subsection (a) hereof.

   (c)    The owner shall pay such costs as are charged in accordance with this chapter to the Finance Director within thirty (30) days after the statement of charges has been mailed or delivered to the owner at the address of record in the office of the County Treasurer. Such payments shall be credited to the appropriation from which such cost was paid by the City. If the charge is not paid within 30 days after mailing, the City shall cause the charges for services as provided in subsection (b), to be certified to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the City with the General Fund pursuant to Ohio R.C. 731.54. The recovery of its costs by the City pursuant to this section is a remedy in addition to the penalty provided in Section 915.99 . (Ord. 24-047. Passed 4-16-24.)

915.04 DUTY TO KEEP TREES TRIMMED.

   (a)    It shall be the duty of every person who is the owner of, or as the agent has the care of, any lot or parcel of land situated within the City and abutting upon any sidewalk, alley, street or highway, to trim and keep trimmed all trees growing on such premises, or between the same, the branches of which overhang any part of such sidewalk, alley, street or highway in such a manner that the lowermost branches shall be at least fifteen feet above the level of such sidewalk, alley, street or highway. It shall be the duty of such persons to trim and keep trimmed all trees growing near any electric lights in such a manner that no branches thereof shall be nearer than six feet to such light or post upon which it is fastened. Notice of violation of this section shall be served by the Bureau of Buildings, Inspections, Licenses and Permits in the manner provided by Section 915.02(a), and if such condition is not rectified within ten days, the City shall trim the trees and shall institute proceedings against the owner or agent for violation of this section.

   (b)    When a written notice of violation has been issued in accordance with the provisions of this section, such notice shall constitute adequate and effective notice for all enforcement purposes under this chapter with respect to continuing or repeat violations of Section 915.04, for a period of one year following the date on which such initial service is given.

(Ord. 08-041. Passed 4-1-08.)

915.05 PLANTING OF CERTAIN TREES FORBIDDEN.

   No person or persons shall plant or set out a tree known as the North Carolina Poplar on any property bounding or abutting on any of the streets, alleys or public places of the City.

(1954 Code Sec. 36.74)

915.99 PENALTY.

   Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree for the first offense and a misdemeanor of the second degree for each subsequent offense. Prosecution shall always be as for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation that the offense is a second or repeated offense.