(a) The owner, occupant or any other person or entity having charge of any land, including any areas of easement, within the Village shall cut down all weeds more than eight inches in height and shall, if requested to do so by the Mayor or his agent, remove those cuttings from that land.
(b) 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 eight inches in height from any unpaved portions of the right of way abutting the land and shall, if requested by the Mayor or his agent, 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) “Weeds” shall be defined as any noxious weed as referenced in Ohio R.C. 731.51 and any grass or vegetation more than eight 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) Any real property owned by any governmental entity and used as a park or similar recreational facility or as an educational facility.
(d) Notice to Cut. Upon written notice presented to the Mayor or his designee, that weeds are growing on land in the Village, the Mayor, or his designee, in the name of Council, shall cause a written notice to be served upon the owner, occupant or any other person or entity 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 the 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.
(e) Service of Notice.
(1) The written notice provided for in subsection (d) hereof 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 Village whose address is known, such notice shall be sent to his or its 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 the Village 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 Village shall have the option to make such service by publishing the written notice once in a newspaper of general circulation in the Village.
(4) Any police officer, or the Mayor or his designee may make such personal or residential service and return of the written notice provided for in subsection (d) hereof.
(f) Noncompliance; Remedy of Village. If the owner, occupant or other person or entity under subsection (d) hereof, fails to comply with such notice, the Village 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) on hour to carry out the provisions of this subsection. 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 for service of the written notice to cut the weeds. The amount of the assessment shall be paid and delivered to the Village within ten days after notice of the assessment was so served.
(2) If the Village has not received payment of the assessment within those ten days, the Village shall make a written return or certification to the County Auditor of the amount of the unpaid assessment, plus an additional administrative charge of ten percent (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 Village with the General Fund.