(A) It is hereby determined that noxious weeds, vines or grasses growing a height of eight inches or higher upon property, premises, lots or parcels within the city after the first day of April of each year are a public nuisance and that at all times the accumulation and deposition of garbage, refuse, rubbish, special rubbish and litter on public or private lands, dead or dying trees, broken or fallen branches and plants or shrubbery blocking visibility or encumbering access, constitute a public health and safety hazard and public nuisance. Annual notice of such may be published in a newspaper of general circulation in the county stating the violation, remedies, costs and penalties effective April 1 through October 31 for weeds, vines and/or grass and at any time for garbage, refuse, rubbish, special rubbish, litter, trees, branches and shrubbery.
(1) Upon finding by the City Manager, or his or her designee, that noxious and/or invasive weeds, vines or grasses are growing in excess of eight inches in height or are about to spread or mature seeds, the City Manager, or designee, shall cause written or verbal notice to be served on the owner, lessee, agent, occupant, tenant or other person, firm, corporation or entity capable of holding title and having charge of such land, notifying them that said noxious and/or invasive weeds, vines or grasses are growing on such lands that they must be cut, destroyed or properly removed from the premises within five days after the service of such notice. These regulations shall include lands in platted subdivisions and un-platted areas of the city extending from the street curb line or the edge of the street pavement to the property line and to the middle of an unimproved platted alley or street. If such owner, other person or entity having charge of such lands is a nonresident whose address is known, such notice may be sent to his or her address by certified mail, return receipt requested, or served personally by the City Manager or designee. If their address is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the county. If a notice has been served in accordance with this section and it is determined that a subsequent violation has occurred, the city may proceed with the remedy set forth in division (E) below without further notice to the owner so long as the original certified notice included such reference. For purposes of this section, NOXIOUS WEEDS shall be defined as those identified in R.C. § 907.10(B)(2), listed in O.A.C. § 901:5-37-01 or any other vegetation of rank growth, including, but not limited to, ivy, poison ivy, virginia creeper, Japanese knotweed and bamboo.
(2) Upon finding by the City Manager or his or her designee that garbage, refuse, rubbish, special rubbish, litter, trees, branches or shrubbery have been placed on lands within the city in excess of seven days constituting a detriment to public health, a written notice shall be served in accordance with division (A) above upon the owner, lessee, agent, occupant, tenant or other person, firm, corporation or entity capable of holding title having charge of the littered land. The notice shall state that the garbage, refuse, rubbish, special rubbish, litter, trees, branches or shrubbery shall be collected and removed within 15 days after service of the notice. LITTER shall be defined as in R.C. § 731.51 and REFUSE, RUBBISH or SPECIAL RUBBISH as in § 53.02. Compliance for collection, storage and disposal of any items defined in Chapter 53 may also be addressed in accordance with §§ 53.03(C) and 53.12, disposal required within seven days.
(3) Upon finding by the City Manager or his or her designee that trees, limbs, plants or shrubbery are obstructing the view of vehicular traffic on public streets, alleys or grounds; are obstructing pedestrian travel on public sidewalks; are obstructing light from a public street lamp; are so dead, decayed or broken as to pose a threat to life or property or where trees or limbs have already fallen; and are causing a public nuisance, a written notice shall be served in accordance with division (A) above upon the owner, lessee, agent, occupant, tenant or other person, firm, corporation or entity capable of holding title having charge of the land. The notice shall state that the trees, plants or shrubbery shall be cut, trimmed, pruned and removed within 15 days after service of the notice.
(B) The City Manager, code enforcement official, police officer or designated agent may make service and return of the notice provided for in this section.
(C) If the person or entity having charge of the lands herein described fails to comply with such notice, the City Manager, or designee, shall cause said noxious weeds, vines or grasses to be cut and destroyed; garbage, refuse, rubbish, special rubbish, litter, trees, branches and shrubbery litter collected and removed from the premises; and/or trees, plants or shrubbery cut, trimmed, pruned and removed. The expenses so incurred shall be approved by the City Manager and paid out of the City Treasury.
(D) When the cost approved by the City Manager plus administrative fees of 20% or $100, whichever is less, or a cost determined by separate City Council ordinance, is sent to the owner by first class mail and not paid within 30 days, the City Manager shall make written return to the County Auditor of his or her action with a statement of the charges for the services, the amount paid for the performance of such labor, the fees of the agents who made the service with the request and any other necessary expenses reasonably incurred to administer this section, that such amounts be entered upon the tax duplicate and constitute a lien upon such land from and after the date of the entry and be collected as other taxes and be returned to the General Fund of the city according to R.C. §§ 731.54 and 715.261.
(E) In addition to recovery of costs in accordance with division (D) above, whosoever violates provisions of this chapter shall be deemed guilty of a minor misdemeanor and fined as provided by R.C. § 2929.28. Each day’s violation shall constitute a separate offense. Any person initially convicted of a first offense and found guilty of a second and subsequent offense in the same year shall be deemed guilty of a misdemeanor of the fourth and escalating degree for each additional offense.
(Prior Code, § 9.14.01)