(a) Abatement by Owner or Occupant; Notice. The existence or growth, on any lot or parcel of land situated within the City, of grass, plants, weeds, vines, vegetation or undergrowth of more than six inches in height, except flowers, plants, shrubs or other vegetation, planted and cultivated by the owner or occupant thereof is hereby declared to be a nuisance and the owner, occupant, person having charge or management, or any person having an equitable or legal interest in such lot or parcel of land, upon written notice, by the Commissioner of Building, served, as provided in subsection (e) hereof, upon the owner, occupant or person having charge and management or having an equitable or legal interest in the lot or parcel of land, shall abate such nuisance, by cutting or destroying or caused to be cut and destroyed such grass, weeds, plants, vines or vegetation, within reasonable time as fixed in such notice.
(b) Definitions. As used herein:
(1) "Weed" means a plant of no value and usually of rank growth and one that tends to overgrow or choke out desirable plants.
(2) "Vine" means a plant whose stem requires support and which climbs by tendrils or twining or creeps along the ground.
(3) "Undergrowth" means a low growth on the floor of a wooded area or forest including seedlings, saplings, shrubs and herbs.
(4) "Plant" means a young tree, vine, shrub, herb or flowers and vegetation suitable for planting.
(5) "Vegetation" means plant life of total cover, as of an area.
(c) Penalty. Whoever violates this section, or who fails to comply therewith, shall, for each and every violation or failure, be fined not more than one hundred dollars ($100.00). Each day during which noncompliance of a violation continues shall constitute a separate offense. In addition to any other enforcement as provided by law or equity, this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. The Commissioner of Building may promulgate such rules and regulations as he may determine as necessary to supplement or aid in the interpretation of the requirements of this Code, which regulations shall be consistent therewith.
(Ord. 26-91. Passed 9-23-91.)
(d) Abatement by Director of Service. Whenever the Director of Service is informed by the Commissioner of Building that a nuisance as described in subsection (a) above exists, and that the nuisance has not been abated within the time prescribed in the notice as provided in subsection (a), the Director of Service is authorized to abate the nuisance and submit a bill for the actual costs to the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved; if such costs are not paid as billed, the Director of Service shall report the costs to Council, which shall cause the costs to be assessed on the lot or parcel of land involved.
(e) Service of Notice. The notice may be served by delivering it personally upon or by mail to, the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved, at his usual place of business or residence, by posting it in a conspicuous place on the lot or parcel of land involved; or by publishing it once in a newspaper of general circulation within the City if it cannot be served by any of the other ways mentioned herein.
(Ord. 22-86. Passed 7-14-86.)