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Ordinance No. 2008-156
<br />Service within five days of the service of the notice. If such owner cannot be found, a copy of the
<br />notice shall be posted upon the infected tree.
<br />If the tree is not so removed and bur-me? disposed of within five days after the service or
<br />posting of the notice, the Director of Public Service shall cause the tree to be so removed and
<br />bur-ne proper[v disposed. The cost of removal and buming disposal shall be reported to the
<br />owner of the property if he can be found, and also to Council, and if the cost is not paid within
<br />thirty days of such report, the owner of the property shall be liable to the City for the cost of such
<br />removal and bumiocg disposal, to be recovered in a civil action before any court having
<br />jurisdiction thereof.
<br />949.03 CUTTING ANB, TRIMMING AND REMOVAL REQUIRED.
<br />(a) No owner, lessee, occupant or other person having the charge or management
<br />of any lot or parcel of land situated withm the City, whether improved or ummproved, vacant
<br />or occupied, shall cause, permit, or suffer:
<br />(1) Any lawn or grass, weed, or vine to grow to a height in excess of six
<br />inches upon said lot or parcel;
<br />(2) Any noxious or poisonous weeds or vines, as defined by the Ohio
<br />Department of Agriculture--currentlv at Section 90' :1 01901:5-27-
<br />06 of the Ohio Administrative Code, or any poison ivv, poison oak, or
<br />poison sumac, to grow upon said lot or parcel;
<br />(3) Any tree, plant, grass or shrubbery or part thereof to grow upon said lot
<br />or parcel in an untrimmed condition so that it poses a substantial risk
<br />(4) Anv dead or dying tree to remain on the propertv where it poses a
<br />(b) The prohibitions of this section shall not apply to any undeveloped lot or parcel in
<br />its natural condition which is either one acre or larger in area, or abuts either I-480 or land which
<br />is part of the Metroparks System, exceut that the prohibition of (a)(4) above shall apuly if a
<br />dead. dving or fallen tree on such a lot is located so near to a structure or right of wav area
<br />as to pose a substantial risk to the public health or safetv.
<br />949.99 PENALTY.
<br />(a) Whoever, being the owner of private property on whose premises there is a tree
<br />with Dutch elm disease or the virus phloem necrosis, commonly known as elm blight, fails to
<br />comply with the notice to remove and bum properly dispose of such tree after notice as
<br />provided in Section 949.01, is guilty of a minor misdemeanor. Each day's violation shall
<br />constitute a separate offense and shall be subject to the penalties hereinbefore set forth.
<br />(b) Whoever violates any other provision of this chapter is guilty of a minor
<br />misdemeanor.
<br />SECTION 2: That the original Sections 949.01, 949.03, and 949.99 of Chapter 949 of
<br />the Streets, Utilities and Public Services Code amended herein i-s are expressly repealed, and all
<br />other ordinances or resolutions, or parts of ordinances or resolutions, that are inconsistent or in
<br />conflict with new sections 949.01, 949.03, or 949.99 of the said Code, are likewise repealed to
<br />the extent of such inconsistency or conflict only.
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