(a) Keeping Down the Weeds and Litter.
(1) Any word or phrase used in this section which is not defined herein shall have its ordinary meaning.
A. Grass shall mean any of a large family (Poaceae) of monocotyledonous, mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelets of bracts.
B. Noxious weeds shall include, but are not limited to, non-native thistle, burdock, jimson weed, ragweed, non-native milkweed, poison ivy, poison oak and poison sumac.
(Ord. 21-2023. Passed 7-10-23.)
(2) No person, whether as owner, lessee, agent, tenant, or any other person having charge or care of land in the Village (which includes the unimproved street rights-of-way, and also any ditches and/or culverts along the property), shall permit litter to accumulate on the land and/or grasses, weeds, noxious weeds, or other undesirable vegetation to grow thereon to a height in excess of eight (8) inches, or to mature their seeds to thereon, or fail to cut and destroy such weeds grasses and other undesirable vegetation on such property. Any accumulation of litter and/or growth of grass, weeds or other undesirable vegetation in violation of this section constitutes a detriment to public health and hereby is declared a nuisance.
(Ord. 19-2011. Passed 10-10-11.)
(b) Notice to Cut Weeds, Remove Litter. When determined by the Code Enforcement Officer, that a violation of subsection (a) hereof exists upon any land within the Village, a written notice of violation shall be served to the owner, lessee, agent, tenant, or person having charge or care of the land. This notice may be served by certified mail or personal service and shall contain an order to remove the litter and/or cut or destroy the grasses, weeds, noxious weeds, undesirable vegetation, etc. within five (5) days. However, if the owner, lessee, agent, tenant, or person having charge or care of the land has received a notice under this section within the past calendar year, the subsequent notice shall contain an order to remove the litter and/or cut or destroy the grasses, weeds, noxious weeds, undesirable vegetation, etc. within two (2) days.
If the service via certified mail is unclaimed or refused, this notice may be served by ordinary United States Mail or by posting the notice at the property. If the address of the owner or other person having charge of the land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the county.
(Ord. 22-2019. Passed 7-22-19.)
(c) Failure to Comply with Notice. In the event the owner, lessee, agent, tenant, or person having charge or care of the land does not comply with the notice and order to remove the litter and/or cut or destroy the grasses, weeds, noxious, weeds, undesirable vegetation, etc. within the time limit specified in subsection (b) hereof, after notice of violation has been issued, the Village Administrator, or his/her designee, shall cause such litter to be removed and/or grasses, weeds, noxious weeds, undesirable weeds or vegetation to be cut, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. In addition, the owner is liable to the penalties provided herein.
(d) Fees and Liens.
(1) When litter is removed and/or grasses, weeds, noxious weeds, and undesirable weeds etc. are removed, cut and/or destroyed, pursuant to subsection (c) hereof, a statement of cost thereof shall be mailed to the owner of such land by certified mail, return receipt requested. Such statement shall include the following costs to the Village:
A. $100.00 per 2,450 s.f. of land cleaned/mowed; and
B. All service of notice fees.
(Ord. 19-2011. Passed 10-10-11.)
(2) The owner, lessee, agent, Tenant, or any other person having charge or care of land, shall pay such fees as are charged in accordance with this subsection to the Village within thirty (30) days after receipt of the statement of costs. Any payment so received shall be restored to the appropriation from which the costs were paid. If the fee is not paid when due, the Fiscal Officer shall certify to the County Auditor the proceedings taken under this Chapter, together with a statement of the charges for services listed in subsection (d) hereof 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 Village. All money received under this subsection, whether by direct payment or lien satisfaction, may be used to pay for, or help pay for: removing litter, grasses, weeds, noxious weeds or other undesirable vegetation on any property within the Village; purchasing landscape plantings (trees, bushes, vegetation, etc.), landscape materials, and other site elements; purchasing equipment and supplies necessary to install landscape plantings, landscape materials, and site elements; and/or paying for the labor needed to install landscape plantings, landscape materials, and site elements.
(Ord. 14-2013. Passed 5-13-13.)
(Ord. 14-2013. Passed 5-13-13.)
(e) Service Fees. The Police Chief, Mayor, Village Administrator, Fiscal Officer, or any Village of Shawnee Hills Police Officer may make service and return of the notices provided for in Chapter, and shall be allowed the same fees as that provided for service and return of summons in civil cases before a court or magistrate.
(f) Exceptions.
(1) This section shall not apply to land being used under a Municipal building or construction permit or license, a Municipal permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility, or similar business, or a permit or license issued pursuant to Ohio R. C. Chapter 3734, Sections 4737.05 through 4737.12 or Chapter 6111.
(2) The failure of any officer or employee of the Village to perform any official duty imposed by this Section and its Subsections shall not subject the officer or employee to the penalty imposed for a violation of this section.
(g) Criminal Penalties. Whoever violates this section and its subsections is guilty of a minor misdemeanor. Each day that the litter, grasses, weeds, noxious weeds, undesirable vegetation, etc. are permitted to continue to accumulate and/or grow after the specified time limit has expired shall constitute a separate offense.
(Ord. 19-2011. Passed 10-10-11.)