(a) Definitions.
(1) "Clear zone" means the first eighteen inches of the road right-of-way starting at (i) the edge of the paved street (or the edge of the traveled portion of the road if unpaved) and extending eighteen inches away from paved (or unpaved) street toward the property line; or (ii) the curb line of the street and extending eighteen inches away from the curb toward the property line. No objects are allowed in this eighteen inch clear zone. Flowers and grass may be planted in the clear zone, provided that the flowers and/or grass do not constitute noxious weeds and/or undesirable vegetation.
(2) "Noxious weeds and undesirable vegetation" shall include any weed declared to be a noxious weed in the Ohio Administrative Code Section 901:5-37-01.
(3) "Tree lawn" means that portion of the road right-of-way, whether paved or unpaved, seeded or barren, (i) between the edge of the paved street (or the edge of the traveled portion of the road if unpaved) and the adjacent property line; or (ii) between the curb line of the street and the adjacent property line. The tree lawn does not include the area of the right-of-way that contains the sidewalk.
(b) Restrictions. No owner or occupant of an abutting lot or lands shall fail to maintain the tree lawn abutting his or her property or fail to keep it free from any nuisance. For purposes of this section, "nuisance" means any object or condition that obstructs, impairs or destroys the reasonable use a tree lawn by persons traveling thereon in the ordinary mode, including, but not limited to, rubbish, garbage, dirt, paper, stones, wood, glass, refuse material of any kind and noxious weeds and undesirable vegetation. For purposes of this section, "maintained" means to keep in good repair and free from nuisance, as defined herein, including, but not limited to, mowing grass and/or planting sod or grass seeds and repairing cracks or unevenness in concrete or any other tree lawn surface.
(c) Standard Criteria for Objects in the Right-of-way. The standard criteria for objects in the right-of-way outside of the clear zone shall be as follows:
(1) No sharp objects may be placed in the area outside of the clear zone.
(2) Stone is allowed in the area outside of the clear zone.
(3) No vision impairing object is allowed in the area outside of the clear zone. Vision impairing applies to an object(s) that impairs the vision of the driver of a motor vehicle, whether driving on the road or backing or pulling out of a driveway. Vision impairing also applies to a pedestrian walking or running on the side of the roadway.
(4) No water impeding objects are allowed in the area outside or inside of the clear zone.
(5) If there are any existing decorative columns located within the right-of- way area, it is the responsibility of the homeowners to remove the column(s) if the City Administration determines that the column(s) needs to be removed for any reason, including but not limited to a road repaving project or a ditch project or a water or sewer line project.
(6) Flowers and grass may be planted in the area outside of the clear zone, provided that the flowers and/or grass do not constitute noxious weeds and/or undesirable vegetation.
(7) Trees may be located in the right-of-way as prescribed in Chapter 1036, Tree Preservation.
(8) No other object or item shall remain in the clear zone or outside of the clear zone except as set forth herein.
(9) A permit shall be secured from the City for the installation of paving bricks. Utility shut-offs cannot be covered by bricks. Therefore, a site inspection shall be performed by the Service Department prior to the installation of decorative pavers to confirm that all utility controls, shut-offs, valves, etc. are not covered and are easily accessible. In addition, the installation shall be inspected by the Service Department so as to meet all standards and specifications. The cost for such a permit shall be fifty dollars ($50.00).
(10) For safety reasons, no person shall permanently place chains, wires, ropes, rocks, stakes or other obstructions as a fence or guard across any driveway or on the tree lawn between the property line and curb or the edge of any street if there are no curbs.
(11) Temporary barriers such as safety barrels, horses or cones and caution tape can be used when replacing concrete aprons, driveways or sidewalks for a period of seventy-two hours.
(12) In the event that the City needs to access the area in the tree lawn or road right-of-way that is being occupied with objects as described in this section, then the owner shall move such objects within forty-eight hours of being notified unless it is an emergency and then the owner shall move the objects immediately. If the owner does not move the objects, then the City shall have the right to move and/or remove the objects at the costs of the owner.
(13) An owner may install in the road right-of-way or tree lawn area break-away objects such as reflectors or mail boxes.
(e) Penalty. Any person, firm, or corporation who violates any provision of this section shall be guilty of a minor misdemeanor and shall be subject to the penalty of a one hundred fifty dollar ($150.00) fine. Each day upon which said violation continues shall constitute a separate offense.
(Ord. 2023-O-07. Passed 12-12-23.)