(a) Prohibitions. No person, whether as owner, occupant, agent, tenant or any other person having charge or care of land in the City, shall permit noxious weeds, other undesirable vegetation or grass to grow thereon to a height in excess of twelve inches, or to mature their seeds thereon, or fail to cut and destroy such noxious weeds, other undesirable vegetation or grass when notified by the Director of Service to do so. A noxious weed means any type or species that has been included on the official list of noxious plants for the State.
(b) Notice to Cut Weeds; Service. When determined through investigation by the Director of Service that noxious weeds, other undesirable vegetation and/or grass exceeding the height specified in subsection (a) hereof exists upon any land within the City, the Director shall issue a notice of violation to the owner, occupant, agent, tenant or such other person having charge or care of such land. The notice of violation shall contain an order to cut or destroy the noxious weeds, other undesirable vegetation and/or grass within five days. Service of notice may be served by certified mail as listed in the County Auditor’s tax lists at the mailing address on such tax lists for the owner; ordinary mail if the certified mail is refused or unclaimed; personal service at the subject property by any means that assures and documents delivery of such notice; or by publishing such a notice once in a newspaper of general circulation in the City.
(c) Failure to Comply; Work by City. In the event the owner, occupant, agent, tenant or any other person having charge or care of the subject land does not comply with the order to cut or destroy the noxious weeds, other undesirable vegetation and/or grass within the time limit specified in subsection (b) hereof, after proper notice of violation has been issued by the Director of Service in any manner specified in subsection (b) hereof, the Director shall cause such noxious weeds, other undesirable vegetation and/or grass to be cut and destroyed, 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 for the penalties provided herein.
(d) Statement of Cost to Owner. When the Director of Service causes noxious weeds, other undesirable vegetation and/or grass to be cut and the land cleaned of debris, as provided in subsection (c) hereof, a statement of cost thereof shall be mailed to the owner of such land by certified mail, return receipt requested. If the certified mail is refused or returned, then such statement may be sent by ordinary mail, or personal service by posting at the subject property if the owner is the occupant thereof by any means that assures and documents delivery. Such statement of cost shall include the following costs to the City:
(1) Administration and supervision.
(2) Transportation of equipment.
(3) Equipment rental.
(4) Equipment operator.
(5) Incidental labor.
The minimum fee to be charged shall be twenty-five dollars ($25.00) for the first hour or portion thereof, and fifteen dollars ($15.00) for each additional hour or portion thereof.
(e) Cost Payment; Unpaid Costs a Lien. The owner may pay such fees as are charged in accordance with subsection (d) hereof to the City Clerk within thirty days after receipt of the statement of costs without further cost or penalty. Any payment so received shall be restored to the appropriation from which the cost was paid. If the fee is not paid when due the Director of Finance shall certify to the County Auditor the proceedings taken under this section, together with a statement of the charges for services as 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 City General Fund as provided by Ohio R.C. 731.54.
(f) Whoever violates this section is guilty of a minor misdemeanor. Each day that the undesirable vegetation is permitted to continue to grow after the specified time limit has expired shall constitute a separate offense. (Ord. 29-2003. Passed 6-2-03.)