(a) Trimming of Trees, Shrubbery. The owner of every lot or parcel of land upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging any public street, sidewalk or right of way shall conform to the regulations of this section. If such regulations are not followed, the Village shall cause such trees to be trimmed or cut down and removed in accordance with this section, with the costs to be assessed against the owner of the lot or parcel of land.
(1) The owner shall trim or cause to be trimmed every overhanging tree, plant or shrub so that a clear height of seven feet between the lowest branch and the street or sidewalk is maintained.
(2) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant, shrub or part thereof, so that the same shall not fall to the street or sidewalk.
(3) The owner shall cut down and remove any tree, plant, shrub or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street or intersection, or to abate any nuisance to protect the life, limb and property of persons, drivers of vehicles, or pedestrians from using any street or sidewalk.
(b) Definitions. As used in this section, the following definitions shall apply:
(1) “Noxious weed” means any plant which is currently listed as a “prohibited and restricted noxious weed” by the Director of Agriculture in the Ohio Administrative Code.
(2) “Uncontrolled growth” means all grasses and/or weeds growing at a height of eight inches or higher upon any developed property, except if such grasses are a part of a “Naturalized Landscape”.
(3) “Naturalized Landscape” means a designed combination of plants, shrubs and trees that are intended to grow with minimum maintenance, which design has been approved by the Architectural Board of Review.
(c) Uncontrolled Growth, Nuisance. Uncontrolled growth, as defined in subsection (b)(2) hereof, within the Orange Village, is hereby declared to be a public nuisance.
(d) Agricultural Use, Exempted. Notwithstanding the provisions of this chapter, any land where grasses are grown in conjunction with the agricultural purposes of farming, dairying and/or pasturage shall not be subject to the provisions of this chapter.
(e) Removal of Noxious Weeds, Uncontrolled Growth and/or Landscape Maintenance. Upon information that:
(1) Noxious weeds are growing on lands within the Village and are about to spread or produce seeds, and/or
(2) Uncontrolled growth is growing on lands or property which is adjacent to lots or lands upon which a residential dwelling or commercial building exists, whether or not such building is occupied, and/or on all sublots in a recorded subdivision in their entirety;
The Building Commissioner shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of any such lot or parcel of land, whether the same is improved or unimproved, vacant or occupied notifying him or her that noxious weeds and/or uncontrolled growth is growing on such lot or parcel of land, and that such noxious weeds and/or uncontrolled growth must be cut and destroyed within two (2) days after the service of such notice.
(f) Notification; Service. If such owner or other persons having charge of such lands is a resident whose address is known, personal service shall be made by any police officer or employee of the Village Building Department. If such owner, or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to his or her address by certified mail, return receipt requested; if the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Cuyahoga County, Ohio.
(g) Compliance. The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant or occupied, within two (2) days after written notice that noxious weeds and/or uncontrolled growth is growing on such lands, is served upon him or her in conformity with this section, shall cut or destroy or cause to be cut or destroyed all noxious weeds and/or uncontrolled growth, and prevent the same from blooming, going to seed or spreading.
(h) Noncompliance; Remedy of Village. If the owner, lessee, agent or tenant having charge of the lands herein fails to comply with such notice, the Building Commissioner shall cause such noxious weeds and/or uncontrolled growth to be cut and destroyed, and the expenses so incurred shall be paid out of the treasury of the Village, and an invoice for such costs, including an administrative fee of twenty-five dollars ($25.00), shall be submitted to the owner, lessee, agent or tenant for reimbursement to the Village.
(i) Collection of Costs. In the event the owner, lessee, agent or tenant does not reimburse the Village for the expenses incurred in furtherance of this section, the Treasurer shall certify such expenses to the Auditor of Cuyahoga County with the request that such amount be entered upon the tax duplicate and a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the Village according to law.
(j) Penalty. Whoever violates any provision of this chapter shall be deemed guilty of a minor misdemeanor and fined not more than one hundred fifty dollars ($150.00). Each day’s violation shall constitute a separate offense.
(Ord. 2023-13. Passed 10-4-23.)