(a) Definition. “Weeds” shall be defined as any noxious weed as referenced in Ohio R.C. 731.51 and any grasses or weeds more than six inches in height. This section shall not apply to real property that meets any one of the following requirements:
(1) Real property lawfully and substantially used for agricultural purposes for profit;
(2) Real property of more than two acres where a maintained buffer strip equal to or greater than the minimum rear yard setback requirement of the zoning district directly adjacent to the boundaries of such real property complies with this section. However, compliance is not required for the portions of any boundaries of such real property that are adjacent to an undeveloped lot and which are more than ten feet from the closest point of contact with a developed lot. Real property will be deemed developed if a permanent structure, including but not limited to paving, has been erected on the parcel; or
(3) An educational or research activity approved by the Planning Board. If an educational or research activity is not approved the Planning Board, the applicant may appeal to Council within 30 days.
(b) Cutting Required.
(1) The owner, occupant or any other person or entity having charge of any land, including any areas of easement within the City shall cut down all weeds more than six inches in height and shall remove those cuttings from that land; and/or
(2) The owner, occupant or any other person or entity having charge of land abutting a public right-of-way shall cut down all weeds more than six inches in height from any unpaved portions of the right-of-way abutting the land and shall remove those cuttings from the right-of-way and that abutting land. For the purposes of this section, the owner, occupant or any other person or entity having charge of land abutting a public right-of-way shall be deemed to have charge of that half of the right-of-way on the side of his or her land.
(c) Notice to Cut. Upon written notice presented to the Director of Public Service or his or her designee or the Planning Director or his or her designee, that weeds are growing on land in the City, the Director or his or her designee, in the name of Council, shall cause written notice to be served upon the owner, occupant or any other person having charge of such land, directing that such weeds are growing on such land and that they must be cut and removed within five days after service of such notice. No owner, occupant, or other person or entity having charge of land shall fail to comply with such notice within those five days.
(d) Service of Notice.
(1) The written notice provided for in division (c) of this section shall be served upon the owner, occupant or other person or entity having charge of the land either in person, or by being mailed to or left at the usual place of residence of any such person or the principal office of any such entity;
(2) If such owner, occupant or other person or entity having charge of such land is a nonresident of this City whose address is known, such notice shall be sent to his or her address by registered or certified mail;
(3) If no owner, occupant or other person or entity having charge of the land is present on such land at the time that City attempts to serve the written notice, or if the address of such owner is unknown, or if notice by registered or certified mail is not delivered and accepted, the City shall have the option to make such service by publishing the written notice once in a newspaper of general circulation in the City;
(4) Any police officer, the Planning Director or his or her designee or the Director of Public Service or his or her designee may make such personal or residential service and return of the written notice provided for in division (c) of this section.
(e) Noncompliance; Remedy of City. If the owner, occupant or other person or entity under division (c) of this section fails to comply with such notice, the City shall cause such weeds to be cut and removed at the expense of the owner of that land, and may employ the necessary labor at seventy-five dollars ($75.00) an hour to carry out the provisions of this section. All expenses incurred, together with an administrative fee of two hundred fifty dollars ($250.00), shall be assessed against the land.
(f) Repeat Violators. For the second or continued violations of the same general character occurring not sooner than 14 days and not later than six months in the same calendar year after the previous violation, the written notice contained in division (c) of this section may be omitted and a violation notice, specifying that the violation shall be corrected within 72 hours of receipt of said violation notice, shall be personally served upon the owner, occupant or other person or entity as specified in division (c) of this section, or posted on the premises if the owner, occupant or other person or entity as specified in division (c) of this section cannot be located. If the violation is not corrected by the specified compliance date by the owner, occupant or other person or entity under division (c) of this section, the City shall cause such weeds to be cut and removed at the expense of the owner of that land, and may employ the necessary labor at seventy-five dollars ($75.00) an hour to carry out the provisions of this section. All expenses incurred, together with an administrative fee of two hundred fifty dollars ($250.00), shall be assessed against the land.
(g) Collection of Costs.
(1) Written notice of such an assessment shall be given to the owner of the land in the same manner as is provided above in division (c) for service of the written notice to cut weeds. The amount of the assessment shall be paid and delivered to the City within ten days after notice of the assessment was so served;
(2) If the City has not received payment of the assessment within those ten days, the City shall make a written return or certification to the County Auditor of the amount of the unpaid assessment, plus an additional administrative charge of 10%, including with that certification a proper description of the premises. The assessed amount shall be entered upon the tax duplicate and shall be a lien upon such land from and after the date of the entry and shall be collected as other taxes and returned to the City with the General Fund.
(h) Whoever violates this section shall be guilty of a minor misdemeanor. Any person convicted of a second offense of this section within two years of the first offense shall be guilty of a misdemeanor of the fourth degree.
(Ord. 02-20. Passed 5-20-02; Ord. 02-42. Passed 12-2-02.)