771.12 VIOLATIONS AND PENALTIES.
   (a)   Any failure to implement the approved landscape plan, including preservation of existing features, or failure to maintain the landscaping after the effective date of this Chapter in accordance with the provisions of this Chapter, shall constitute a nuisance, and the owner of the property upon which the landscape is located shall be subject to a suit for injunctive relief as well as prosecution for criminal violations in accordance with the penalties provided in Section 764.99(a).
   (b)   Any landscape that is implemented or attempted to be implemented after the effective date of this Chapter and which does not conform to the regulations of this Chapter, or to any subsequent amendment thereof, shall constitute a nuisance, and in addition to any penalty provided in these Codified Ordinances for such violation, the nuisance may be abated in the manner provided for in current or future Ohio Revised Code provisions, or the manner provided for in Chapter 531 of the South Euclid General Offenses Code. Appropriate notices under either the Ohio Revised Code or Chapter 531 of the South Euclid General Offenses Code shall be issued to the landscape owner or the owner of the property upon which the landscape is located, at the discretion of the Zoning Administrator. In addition to the method of collection of the cost incurred by the City in abating the nuisance under either the Ohio Revised Code or the South Euclid Codified Ordinances, the City may recover such cost by instituting an action in any court of competent jurisdiction in the manner provided in Ohio R.C. 715.261 against the landscape owner or the owner of the property upon which the landscape is located.
(Ord. 41-10. Passed 9-26-11.)