(a) Noxious Weeds, Grass to be Cut.
(1) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of the following described lots or lands within the Municipality shall be required to cut noxious weeds, grass or other types of vegetation as hereinafter described:
A. All sublots in a recorded subdivision in their entirety.
B. All land which lies within twenty feet of a lot line which is adjacent to lots or lands upon which a residential or commercial building exists.
C. All land which lies within 100 feet of a dedicated thoroughfare.
(2) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of any lot or land described in this section shall be required to cut all such weeds and vegetation such as Russian, Canadian or common thistle, wild paraley, ragweed, milkweed and ironweed, as well as all other noxious weeds, grass or other types of vegetation growing or being upon the lots or land as aforesaid by cutting to a height not over six inches. Any growth of such noxious weeds, grass or other vegetation over such height or reaching maturity is hereby declared a nuisance.
(b) Notice to Owner to Cut. The Board of Health is hereby directed to monitor the growth of weeds upon all lands within the City continually during the growing months, and upon determination that weeds on any lands are, or are approaching such growth as indicated in subsection (a) hereof, so as to become injurious or harmful to the residents of the City, notice thereof shall be sent in accord with Ohio R.C. 731.51 to the owner, lessee, agent or tenant having charge of such lands to cut and destroy the weeds or grass within five days of service of such notice.
(c) Failure to Comply with Notice. Upon failure to comply with the notice in subsection (b) hereof within the prescribed time to cut and destroy noxious weeds and grass the Board of Health shall immediately notify the Operations Department of the location of such lands and the Operations Department shall forthwith cut and destroy such weeds and grass.
(d) Costs. The Operations Department shall keep an accurate record of the cost of such cutting and shall immediately cause to be sent to the proper person as required by Ohio R.C. 731.53 a statement for such cost of each cutting required during the growing months which shall be immediately due and payable.
The minimum fee to be charged shall in no case be less than one hundred five dollars ($105.00) for the first hour or portion thereof and one hundred five dollars ($105.00) for each additional hour or portion thereof.
A second notice of payment due may be sent not later than the first day of October each year for the total cost of each and every cutting not paid, which shall be immediately due and payable.
All payments received shall be credited to the General Fund, but no payments shall be accepted after the certification to the County Auditor as hereinafter provided.
(e) Certification to County Auditor of Unpaid Cost for Weed Cutting for Lien Upon Property. Not later than October 15 of each year, the Board of Health shall make a written return to the County Auditor of its action under this section and Ohio R.C. 731.51 to 731.53 with a statement of the charges for its services, the amount paid for the performing of such labor as certified by the Operations Department, the fees for officers who made the service and notice of return and a proper description of the premises. Such return to the County Auditor shall be for the purpose of having such amounts entered upon the tax duplicate as a lien upon such lands in accord with the provisions of Ohio R.C. 731.54.
(Ord. 9566/85. Passed 5-22-85.)
(f) Penalty. It is hereby determined that the growth of noxious weeds upon lands within the City not only poses a harmful or injurious threat to the health or physical well being of the inhabitants of the City but also poses a significant safety hazard. As a result, whoever violates this section, in addition to the assessment of costs for failure to comply with proper notice, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, but no person shall be imprisoned for his or her first offense of this section and the prosecution shall always be as and for the first offense unless the affidavit upon which the prosecution is instituted contains an allegation that the offense is a second or repeated offense.
(Ord. 10724/94. Passed 10-26-94.)