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Ordinance No. 2003-98
<br />SECTION 1: That Sections 949.03 ("Cutting and Trimming Required"), 949.04
<br />("Notice; Bimonthly Inspections; Right to Appeal"), and 949.05 ("Enforcement by
<br />Service Director; Work by City") which presently read as follows:
<br />"949.03 CUTTING AND TRIlVIMING REQUIRED.
<br />(a) No owner, lessee, occupant or other person having the charge or
<br />management of any lot or parcel of land situated within the City, whether improved or
<br />unimproved, vacant or occupied, shall cause, permit, or suffer:
<br />(1) Any lawn or grass, weed, or vine to grow to a height in excess of
<br />eight inches upon said lot or parcel;
<br />(2) Any noxious or poisonous weeds or vines, as defined by the Ohio
<br />Department of Agriculture at Section 901:5-31-01 ofthe Ohio
<br />Administrative Code, to grow upon said lot or parcel;
<br />(3) Any tree, plant, grass or shrubbery or part thereof to grow upon
<br />said lot or parcel in an untrimmed condition.
<br />(b) The prohibitions of this section shall not apply to any undeveloped lot or
<br />parcel in its natural condition which is either one acre or larger in area, or abuts either I-
<br />480 or land which is part of the Metroparks System.
<br />949.04 NOTICE; BIMONTHI.,Y INSPECTIONS; RIGHT TO APPEAL.
<br />(a) At any time the conditions specified in Section 949.03 exist, the Service
<br />Department shall serve upon the owner, occupant or person having charge, notice that
<br />within five days the condition should be abated. The notice shall be by registered mail
<br />and in conformity with Ohio R.C. 731.52.
<br />(b) In addition to the provisions with respect to the notice in subsection (a)
<br />hereof, the City shall notify the person, occupant or person having charge or management
<br />of any lot or parcel of land, by regular mail, on or before May 1, of each year informing
<br />such party that the City will conduct regular inspections of each lot or parcel of land
<br />within the City, bimonthly, and will cause the trimming or removal of any tree, plant,
<br />shrubbery or grass and weeds, as the need for such trimming and removal arises, and
<br />shall charge the owners the cost of removal and trimming, as determined by the Director
<br />of Public Service.
<br />(c) Any person, occupant or person having charge or management of any lot
<br />or parcel of land, who has received a notice of abatement pursuant to paragraph (a)
<br />above, may appeal the notice to abate to the Director of Public Service. Such notice of
<br />appeal must be in writing, signed by such person, occupant or person having charge or
<br />management of the lot or parcel, and must be filed at the Director's office within five
<br />days following the date of the notice of abatement. The Director, within ten days after
<br />the filing of any notice of appeal, shall proceed to hear the appeal, at which hearing all
<br />interested parties shall be afforded an opportunity to be heard. If the appellant
<br />demonstrates either that the condition of his lot or parcel does not violate any provision
<br />of Section 949.03, or that the condition of the lot or parcel does not pose any immediate
<br />danger to the health, safety or welfare of owners of sunounding properties, then the
<br />Director shall, as appropriate, either modify or annul the notice of abatement. No action,
<br />pursuant to Section 949.05 or 949.06, to enforce any notice of abatement issued, shall be
<br />taken while an appeal pursuant to this paragraph is pending.
<br />949.05 ENFORCEMENT BY SERVICE DIRECTOR; WORK BY CITY.
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