(a) 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.
(b) Uncontrolled Growth, Nuisance. Uncontrolled growth, as defined in subsection (a)(2) hereof, within the Village of Richfield, is hereby declared to be a public nuisance.
(c) 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.
(d) Removal of Noxious Weeds and/or Uncontrolled Growth. Upon information that:
(1) Noxious weeds are growing on lands within the Village and are about to spread or mature seeds, and/or
(2) Uncontrolled growth is occurring 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 Director of Planning and Zoning 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 five (5) days after the service of such notice.
(e) Notification; Service. If such owner or other person having charge of such lands is a resident whose address is known, notice of violation of this section shall be made by personal service by any police officer or employee of the Village Planning and Zoning Department or by certified mail, return receipt requested. 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 Summit County, Ohio.
(f) 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 five (5) 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.
(g) Noncompliance; Remedy of Village. If the owner, lessee, agent or tenant having charge of the lands herein fails to comply with such notice, the Director of the Planning and Zoning Department or his/her designee shall cause such noxious weeds and/or uncontrolled growth to be cut and destroyed, and the expenses so incurred may be paid out of the treasury of the Village.
(h) Collection of Costs. Council shall make a written return to the County Fiscal Officer of its action under this section with a statement of the charge for its services, the amount paid for labor, the fees of the officers serving the notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as taxes and returned to the Village with the General Fund.
(i) 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. 64-2014. Passed 9-2-14.)