905.05 NOTICE TO CUT, TRIM OR REMOVE.

   (a)    When determined through inspection by the Administrator or his/her designee, that weeds, grass or other undesirable vegetation exceeding the height specified in Section 905.01 or that trees or shrubs exceeding the clear height specified in Section 905.02 or that the accumulation of dead, fallen or cut tree branches, limbs or trimmings as specified in Section 905.09 exist upon any land within the corporate limits of the Municipality, the Administrator shall cause notice to be served to the owner, lessee, agent, tenant or other such person having charge or care of such land to abate the violation. Such notice shall include the following:

      (1)   An order to cut or destroy the weeds, grass or vegetation or trim such trees or shrubs or remove such fallen limbs, branches or trimmings within two days of being noticed to do so.

      (2)   A statement that the Village of Obetz or designated contractor will complete the work requested after the second day, the cost of which shall be a lien on the real property where the violation was abated or removed. Such notice shall also state that the failure of such owner, occupant or person to remedy the violation as required by such notice shall be deemed an implied consent for the Village to abate or remove such violation. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the Village.

   (b)   Written notice shall be served by any of the following methods:

      (1)   Handing the notice to some person of suitable age and discretion residing or employed therein;

      (2)   Delivering notice by the United States First Class mail to any of the owners, lessees, tenants or other persons or entities having charge or care of land and posting the notice by affixing it to the front of the building in clear view from the street or affixing it to a free-standing post or stake in clear view from the street, service being effective upon posting;

   (c)   Publishing the notice once in a local newspaper of general circulation.

(Ord. 26-13. Passed 5-13-13.)

905.06 FAILURE TO COMPLY; REMEDY OF MUNICIPALITY.

   (a)   In the event the owner, lessee, agent, tenant or other such person having charge or care of any land, parcel or lot within the Municipality does not comply with the order to cut or destroy the weeds, grass or undesirable vegetation or trim the trees or shrubs within the time limit specified in Section 905.05 after a proper notice to abate the violation has been issued by the Administrator, the Administrator shall cause such undesirable vegetation to be cut and destroyed or trees or shrubs to be trimmed, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. This remedy is in addition to the penalty provided in Section 905.99 . The Village of Obetz shall not be responsible for damage done to the premises under the authorization provided in herein.

   (b)   If the owner, lessee, agent, tenant or other such person having charge of such lots or land fails or refuses to cut or destroy the weeds, grass or undesirable vegetation or trim the trees or shrubs and it becomes necessary for the Village of Obetz to abate the violation more than one time during any calendar year, the Administrator may abate subsequent violations without the necessity of further notice.

(Ord. 26-13. Passed 5-13-13.)

905.07 FEES CHARGED BY MUNICIPALITY.

   Upon completion of abatement of the violation, the Administrator shall invoice the owner for all such work performed at a liquidated cost of one hundred twenty-five dollars ($125.00) per on-site man-hour including all equipment, equipment maintenance, supplies, and overhead costs, with a minimum charge of three hundred dollars ($300.00). If a contractor performs the work, the Administrator will invoice the owner for the costs of hiring the contractor plus a one hundred fifty dollars ($150.00) administration fee.

(Ord. 26-13. Passed 5-13-13.)

905.08 PAYMENT OF FEES.

   The owner shall pay such fees as are charged in accordance with Section 905.07 to the Finance Director within thirty days after receipt of such statement of costs to avoid further cost or penalty. If the fee is not paid when due, the Finance Director shall certify to the County Auditor the proceedings taken under this chapter, together with a statement of the charges for such services as listed in Section 905.07 and a legal description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the General Fund as provided by Ohio R.C. 731.54.

(Ord. 52-14. Passed 10-15-14.)

905.09 REMOVAL OF FALLEN BRANCHES, LIMBS, ETC.

   No owner, agent, lessee, tenant or other having charge of property within the Municipality, shall cause, or allow to cause, the accumulation of dead, fallen or cut tree branches, limbs or trimmings on such lands as to constitute a public nuisance or hazard or which may be considered dangerous to the public as determined through inspection by the Administrator or his/her designee.

(Ord. 26-13. Passed 5-13-13.)

905.10 CUTTING OF WEEDS AND GRASSES IN ADJACENT RIGHTS-OF-WAY.

   (a)   No person owning, having charge of or being in possession of land within the Village shall fail to keep the adjacent right-of-way between his/her property and the curb, or edge of street or alley where there is no curb, free from all weeds.

      (1)   Noxious Weeds Defined. Wild mustard; musk thistle (nodding thistle); oxeye daisy; Canada thistle; poison hemlock; wild carrot; purple     loosestrife; wild parsnip; mile-a-minute weed; Russian thistle; cressleaf groundsel; shattercane; Johnsongrass; hogweed; chicory; thistle; plantain; dandelion; trumpet vine; amur honeysuckle; lambs quarters; grapevines (abandoned); poison ivy; poison oak; poison sumac.

      (2)   Weeds Defined. All grasses, annual plants, and vegetation, other than trees or shrubs provided however, this term shall not include cultivated flowers and gardens. Natural plantings of native wild plants and accepted cultivars of wild plants are a recognized type of landscaping. These areas must be tended, cultivated in a manner consistent with natural plantings, and confined to a definite area.

   (b)   No person owning, having charge of or being in possession of land within this City shall fail to keep the adjacent right-of-way between such property and the curb, or edge of the street or alley where there is no curb, by allowing grass and weeds to grow to a height in excess of six (6) inches or to mature their seeds thereon pursuant to Section 905.01 of the Codified Ordinances.

   (c)   The Administrator or his/her designee is hereby granted authority to notify the property owner in writing who is in violation of subsection (a) or (b) of this section to cut such weeds or grass and if such weeds or grass have not been cut within seven (7) calendar days of the date of mailing such notice the Administrator or his/her designee may cause the weeds to be removed. The cost of such maintenance shall be reported to Council and upon Council's approval shall be returned to the Finance Director who will forward the charges to the Franklin County Auditor for inclusion upon the tax duplicate for collection, all in accordance with Ohio R.C. 731.51 et seq.

   (d)   Whoever violates this section is guilty of a minor misdemeanor. Each calendar day that a violation of this section is repeated or continued shall constitute a separate offense.

(Ord. 43-11. Passed 11-14-11.)