(a) Prohibitions. No person, whether as owner, lessee, agent, tenant, or any other person having charge or care of parcels in the City, shall permit noxious weeds or other undesirable vegetation, grasses, etc., to grow thereon to a height in excess of eight inches, or to mature their seeds thereon, or fail to cut and destroy such weeds and other undesirable vegetation when notified by the Director of Public Safety and Service to do so. This provision shall not apply to premises zoned A-2 General Agricultural when the premises are utilized in the pursuit of a reasonable agricultural use.
(1) In a platted subdivision that has parcels available for sale by a developer; any parcel(s) abutting a parcel that has a structure on it would fall under subsection (a) above. Any other vacant parcel(s) that do not abut a residence shall be mowed once in May and once in September, however, a 5 foot path along the road must be maintained in compliance with subsection (a) above.
(2) Parcels equal to or greater than one and one-half (1.5) acres in size not in a subdivision shall be mowed once in May and once in September, however a 5 foot path along the road must be maintained in compliance with subsection (a) above.
(b) Notice to Cut Weeds; Service. When determined through investigation by the Director of Public Service and Safety that weeds and other undesirable vegetation exceeding the height specified in subsection (a) hereof exist upon any parcel within the City, the Director shall cause written public notice to be posted upon the parcel stating that such noxious weeds and/or weeds and grasses of rank growth must be cut and removed within five business days after the completion of the posting. In addition, written notice of the posting shall be sent to the property owner, lessee, agent, tenant or other person having charge of such parcel(s).
This letter shall include, that if the property owner, lessee, agent, tenant or other person having charge of such parcel(s) fails or refuses to cut said weeds and undesirable vegetation following notice provided pursuant to this section; and it becomes necessary for the City to cut and/or clean the same parcel more than one time during any calendar year, the Director may order parcel(s) to be cut and/or cleaned without the necessity of further notice. This service shall be accomplished by regular United States mail, postage prepaid, and sent to the property address or tax mailing address maintained by the Stark County Treasurer for real estate tax billing purposes or by personal service. Public notice of this ordinance shall be published in a newspaper once a year before any action on the City’s part to cut or destroy vegetation shall be taken.
(c) Failure to Comply; Work by City. In the event the owner does not comply with the posted order to cut or destroy undesirable vegetation within the time limit specified in subsection (b) hereof, after proper notice of violation has been issued by the Director of Public Safety and Service, the Director shall cause such undesirable vegetation to be cut and destroyed, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within the appropriations previously made by Council. In addition, the owner is liable to the penalties provided herein.
(d) Cost Payment; Costs a Lien. The minimum fee to be charged shall be fifty dollars ($50.00) a man hour. All minutes shall be rounded up to the next quarter hour. In addition the following cost may be included:
(1) Administration and supervision = $150.00.
(2) Transportation of equipment = $50.00.
(3) Equipment rental.
(4) Equipment operator.
(5) Incidental labor.
The City Auditor shall certify to the County Auditor the proceedings taken under this section plus ten percent (10%) interest and a legal description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by Ohio R.C. 731.54.
(e) Whoever violates this section is guilty of a minor misdemeanor. Each day that the undesirable vegetation is permitted to continue to grow after the specified time limit has expired shall constitute a separate offense.
(Ord. 60-2019. Passed 6-3-19.)