(a) As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1) “Person” includes and shall be applicable to firms, partnerships, corporations and associations, as well as to individuals.
(2) “Weeds” includes all grasses, hay, weeds of any variety and any other foliage, of whatever kind and nature, however, this term shall not include cultivated flowers, gardens, agricultural crops, trees or shrubs.
(3) “Premises” includes all real property within the City of Newton Falls.
(4) “Person in charge” includes, lessee, agent in charge of or other person responsible for the premises.
(b) All weeds and noxious weeds six or more inches in height and within ten feet of abutting public or private streets are declared a public nuisance.
(Ord. 2003-21. Passed 7-14-03.)
(c) It shall be the duty of the person in charge of any premises within the City, with the exception of those described in subsections (f) and (g) hereof, to cut or remove all weeds and noxious weeds in excess of six inches or more in height on the premises.
(d) The City Manager shall cause a notice to appear in a newspaper of general circulation to be published on or about April 15 of each calendar year informing the property owners within the City of Newton Falls of the requirements contained in Section 557.02. This notice shall contain the following information:
(1) All properties within the City of Newton Falls must be maintained in accordance with Section 557.02 of the Newton Falls Code of Ordinances, which prohibits grass or weed growth in excess of six inches (6").
(2) All properties within the City of Newton Falls must be maintained in accordance with Section 557.02, the City will cause the weeds or grass to be cut at the owner’s expense. The City will place a lien on the property for the amount owed in accordance with Ohio R.C. Section 731.54.
(3) Contact information for the appropriate City department.
(e) (1) Those properties found to be in violation of Section 557.02 shall have a placard conspicuously placed in the front yard of the property. The placard shall remain in the yard until compliance with this ordinance for up to five days. If the property is not in compliance within five days of the posting of the placard, the City shall cause the weeds or grass to be cut or removed at the owner’s expense and the City will place a lien on the property for the amount owed in accordance with Ohio R.C. 731.54;
(2) The removal of the placard prior to bringing the property into compliance shall be a violation of this section.
(3) Said placard shall be of a size, shape and color to be clearly visible and shall contain the following information:
A. The nature of the Code violation;
B. An order to cut or remove the weeds or grass within five days;
C. Statement indicating that should the property owner fail to comply with the order, the City will cause the weeds or grass to be cut or removed at the owner’s expense, and the City will place a lien on the property for the amount owed in accordance with Ohio R.C. 731.54;
D. The penalties provided for failing to comply with this ordinance; and
E. Contact information of the appropriate city agency.
(f) Premises of more than two acres including undeveloped and contiguous lots in subdivision which when combined in area exceed two acres, shall be considered farm property and exempt from cutting or mowing, except as hereinafter provided. The person in charge of each such farm property, when such property is not under cultivation for agricultural purposes, shall maintain an area of ten feet from the right of way line of public or private streets, alleys which shall be in compliance with the provisions of this section.
(g) (1) Any owner of undeveloped lots under two acres in the City may apply to the City Manager, Code Enforcement Official or their designee for approval of exemption. However, the person in charge of the premises shall maintain an area of ten feet from public or private streets and the road right of way. The application shall include a site plan of the premises indicating the abutting properties’ land uses and any other information the City Manager deems necessary. The owner shall agree to hold the City harmless for all acts necessary to enforce its weed regulation.
(2) Failure to comply may result in revocation of exemption approval. The City Manager shall mail to the owner of the property in question a notice of intent to revoke the exemption allowing the owner thirty days to either correct the violations or to convert the property into a mowed lawn composed of a common stand or turf grass mowed to a height of not greater than six inches.
(h) If the weeds are not removed as provided and within the time so specified by the notice required by subsection (e) hereof, it shall be the duty of the City Manager to cause their removal and the owner of the property shall be held liable to the Municipality for the cost incurred for the removal of the weeds, including the cost of advertising. If the notice is not paid within thirty days after notice, the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(i) In addition to all other remedies and penalties provided by this section and other ordinances, the Law Director may bring suit in a court of competent jurisdiction to seek an injunction or other appropriate relief, to halt any violation of this section. Such action may include seeking a temporary restraining order or temporary injunction and other appropriate temporary relief. Nothing in this section shall be deemed to restrict a suit for damages on behalf of the City or on behalf of any other person or entity.
(j) Persons in charge who cause or allow violation of this section to occur only once in a calendar year shall be issued a citation under the terms hereof but shall not be prosecuted for creating a public nuisance. However, each subsequent violation in a calendar year by such person in charge will be prosecuted.
(k) Whoever violates this section is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of a violation of this section within one year, violation of this section is a misdemeanor of the first degree.
(Ord. 2003-21. Passed 7-14-03.)