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<br />"949.03 CUTTING AND TRIMMING REQUIRED. <br />(a) No owner, lessee, occupant or other person having the charge or managemerit of any lot <br />or parcel of land situated within the City, whether improved or unimproved, vacant or occupied, shall <br />cause, permit, or suffer: <br />(1) any lawn or grass, weed, or vine to grow to a height in excess of eight inches upon said <br />lot or parcel; <br />(2) any noxious or poisonous weeds or vines, as defined by the Ohio Department of <br />Agiculture at Section 901:5-31-01 ofthe Ohio Administrative Code, to grow upon said lot or parcel; <br />(3) any tree, plant, grass or shrubbery or part thereof to grow upon said lot or parcel in an <br />untrimmed condition. <br />(b) The prohibitions of this section shall not apply to any undeveloped lot or parcel in its <br />natural condition which is either one acre or larger in area, or abuts either I-480 or land which is part <br />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 Department shall <br />serve upon the owner, occupant or person having charge, notice that within five days the condition <br />should be abated. The notice shall be by registered mail and in conformity with Ohio R.C. 731.52. <br />(b) In addition to the provisions with respect to the notice in subsection (a) hereof, the City <br />shall notify the person, occupant or person having charge or management of any lot or parcel of land, <br />by regular mail, on or before May 1, of each year informing such party that the City will conduct <br />regular inspections of each lot or parcel of land within the City, bimonthly, and will cause the <br />trimrning or removal of any tree, plant, shrubbery or grass and weeds, as the need for such trimming <br />and removal arises, and shall charge the owners the cost of removal and trimming, as determined by <br />the Director of Public Service. <br />(c) Any person, occupant or person having charge or management of any lot or parcel of <br />land, who has received a notice of abatement pursuant to paragraph (a) above, may appeal the notice <br />to abate to the Director of Public Service. Such notice of appeal must be in writing, signed by such <br />person, occupant or person having charge or management of the lot or parcel, and must be filed at <br />the Director's office within five days following the date of the notice of abatement. The Director, <br />within ten days after the filing of any notice of appeal, shall proceed to hear the appeal, at which <br />hearing all 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 of Section <br />949.03, or that the condition of the lot or parcel does not pose any immediate danger to the health, <br />safety or welfare of owners of surrounding properties, then the Director shall, as appropriate, either <br />modify or annul the notice of abatement. No action, pursuant to Section 949.05 or 949.06 of this <br />Chapter, to enforce any notice of abatement issued shall be taken while an appeal pursuant to this <br />2 <br />