(A) Cutting and destroying. The Village Administrator is authorized, empowered and directed to cut and destroy or cause to be cut or destroyed all noxious weeds growing in the corporate limits of the village, provided notice, as required by R.C. § 731.51, has been served on any owner, lessee, agent or tenant having charge of lands on which noxious weeds are growing, and such owner, lessee, agent or tenant has failed to comply within five days after service of the notice by failing to cut and destroy noxious weeds in accordance with the notice. Prior to cutting and destroying the noxious weeds or causing them to be cut or destroyed, the Administrator shall determine by an actual inspection of such lands that the weeds growing thereon are noxious weeds within the meaning of R.C. §907.01 and Ohio Administrative Code Chapter 901:5-31.
(B) Fees for service and return. Any police officer or fiscal officer may make service and return of the notice provided for in division (A) above, and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate,
(C) Unhealthful growth; failure to remove.
(1) It shall be unlawful and a nuisance for the owner of any lot, place or area within the village to permit any weeds, unhealthful growths, dead or diseased trees, or other noxious matter to be growing, lying or located thereon after notice as hereinafter provided, The Village Administrator is authorized and empowered to administer this section and shall investigate all requests under this section and notify in writing by certified mail the owner of any such lot, place or area within the village to cut, destroy or remove any weeds, unhealthful growths, dead or diseased trees, or other noxious matter found growing, lying or located on such owner's property.
(2) No owner so notified shall fail, neglect or refuse to cut, destroy or remove weeds, unhealthful growths, dead or diseased trees, or other noxious matter growing, lying or located on such owner's property within five days after receipt of the written notice, as provided for herein. Each day after the expiration of the five days shall constitute a separate offense.
(D) Lien on property. Council shall make a written return to the County Auditor of their action under divisions (A) and (B) of this section, with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving the notices, and a proper description of the premises. Such amounts, when allowed, shall be entered on the tax duplicate as a lien on such lands from and after the date of the entry, and shall be collected as other taxes and returned to the village with the General Fund.
(E) Violation; notice to owner or tenant. Whenever a violation of any of the provisions of division (C) above is noted by a police officer or other officer or agent designated and authorized to enforce the provisions of this subchapter, such officer shall issue a written order, on a form prescribed by the Village Administrator, directing the owner, agent, lessee or tenant in charge of such premises that a violation of the provision exists and that the violation must be corrected within five days after the date of the issuance of the written order. Each day's violation, after the expiration of the five days herein set forth, shall constitute a separate offense.
(Ord. O-2014-05, passed 1-27-2015) Penalty, see § 174.999