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? <br />Ordinance No. 2003-98 <br />In the event the owner cioes not trim or remove any tree, plant or shrubbery, or <br />any part thereof, or any weeds, in accordance with the provisions of this chapter, the <br />Director of Public Service is hereby authorized and it shall be his duty to enforce the <br />provisions of this chapter, to cause such tree, plant or shrubbery, or part thereof, to be <br />trimmed or removed, and to cut and remove all weeds." <br />Be amended, and, as amended, shall read as follows: <br />"949.03 CUTTING AND TRIlVIlVIING 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 tQ grow to a height in excess of <br />eigk siz 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 of the 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; BIMONTHLY 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 or <br />management of any lot or parcel of land, written notice by personal service either <br />delivered to the said owner, occupant or person having charge or management, or <br />by leaving a copy of the written notice posted at the property, that within fiveday <br />forty-eight (48) hours the condition sheuld must be abated. Th° ne':e° sh°"b°b, <br />(b) In addition to the provisions with respect to the notice in subsection (a) <br />hereof, the City shall notify the said ovYner peFSeoccupant or person having charge or <br />management of any lot or parcel of land, by regular mail, on or before May 1 of each year <br />following any year during which a violation of Section 949.03 occurred, informing <br />such party that the City will conduct regular inspections of eaeh the said lot or parcel of <br />land within the City, bimonthly, and will cause the trimming or removal of any tree, <br />plant, shrubbery, or grass and weeds, as the need for such tnmming and removal arises, <br />and shall charge the owners the cost of removal and trimming, as determined by the <br />Director 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) or a <br />notice of inspection pursuant to paragraph (b) above, may appeal the notice to abeAe <br />to the Director of Public Service. Such notice of appeal must be m writing, signed by <br />such owner pefsen, occupant or person having charge or management of the lot or parcel, <br />and must be filed at the Director's office within five days following the date of the notice <br />e€-a,katemein from the City. The Director, within ten days after the filing of any notice <br />of appeal, shall proceed to hear the appeal, at which hearmg all interested parties shall be <br />afforded an opportunity to be heard. If the appellant demonstrates either that the <br />