(a) Definitions.
(1) “Noxious weed” means any plant which is listed as a “prohibited noxious weed” and/or “secondary noxious weed” by the Director of Agriculture in Section 901:5-37-01 of the Ohio Administrative Code.
(2) “Uncontrolled growth” means all grasses and/or weeds growing at a height of eight inches (8") or higher upon:
A. All land within one hundred feet (100') of any public road right-of- way;
B. All land within twenty feet (20') of a lot line which is adjacent to lots or lands upon which a residential dwelling or commercial building exists, whether or not such building is occupied;
C. All sublots in a recorded subdivision in their entirety.
(b) Uncontrolled Growth As A Public Nuisance. It is hereby determined that uncontrolled growth, as defined in subsection (a)(2) hereof, within the City of Willoughby, is declared to be a public nuisance.
(c) Agricultural Use, Exempted. Notwithstanding the provisions of this chapter, there shall not be included any land where grasses are grown in conjunction with the agricultural purposes of farming, dairying and/or pasturage.
(d) No owner, occupant, lessor, lessee, or any other person or entity that has control of, or is responsible for, any parcel of land shall permit the growth of noxious weeds or uncontrolled growth of grass, weeds or any other indigenous plants in excess of eight inches above grade nor allow an accumulation of dead grass, trees, shrubbery and other plant material that significantly debases the property.
(e) The Chief Building Inspector, the Service Director, or their designees shall issue Notices of Violation and citations to the owner, operator, occupant or any other responsible party of any property maintained in violation of Section 521.051.
(f) The Chief Building Inspector, the Service Director, or their designees shall post a Notice of Violation in a conspicuous location on the property. The Notice shall identify the property by permanent parcel number, state the time when the Notice was issued and the nature of the violation, and demand that the violation be corrected within five (5) days after posting. Notice of Violations shall also be mailed to the responsible party at the tax mailing address of the owner of the parcel by regular U.S. mail.
(g) No person shall fail to comply with such Notice.
(h) If a property owner or other responsible party fails to comply with the Notice within five (5) days after the date of posting, the City may at its option:
(1) Correct the violation using City personnel;
(2) Employ a private contractor to correct the violation.
(i) In the event the violation is corrected by City personnel, the property owner or responsible party shall be assessed a fee in accordance with a fee schedule set by the Service Director during the month of January of each year.
All expenses or costs incurred in correcting the violation shall be paid by the City and an invoice for such expenses and costs, including administrative costs, shall be submitted to the property owner for reimbursement.
(j) Collection of Costs. In the event the owner, lessee, agent or tenant of the property does not reimburse the City for the expenses incurred in furtherance of this section within thirty (30) days from the date of the Notice, the Director of Finance shall certify such expenses and costs to the Auditor of Lake County with the request that such amount be entered upon the tax duplicate and become a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the City according to law.
(k) Grass Watch List. If a property has received one Notice as set forth in subsection (e) hereof, the property will be placed on a Grass Watch List which shall be enforced as follows:
(1) Notice of placement on the Grass Watch List shall be delivered personally to the owner or occupant, or by leaving it at the owner or occupant’s usual place of business or residence, or by posting it in a conspicuous place on the real estate or structure involved.
(2) If a property is placed on the Grass Watch List, City personnel or a private contractor authorized by the City shall cut the grass every ten days or when the grass reaches the maximum permitted grass height of eight (8) inches, whichever occurs first.
(l) A property may be removed from the Grass Watch List upon the payment of any outstanding grass cutting expenses for that grass cutting season.
(Ord. 2010-85. Passed 7-13-10.)