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Home My WebLink About88-00 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No 0043 Ordinance No ..................88.-00................................ Passed .................................................................., ....................... AN ORDINANCE REPEALING SECTIONS 95.20 THROUGH 95.23 AND ADOPTING AN ORDINANCE REGARDING ABATEMENT OF NOXIOUS WEEDS AND GRASS, AND DECLARING AN EMERGENCY WHEREAS, Council desires to control the growth of noxious weeds and grass in order to preserve the quality of life in the City; and WHEREAS, noxious weeds and grass and the failure to cut the same is declared a nuisance and a hazard to the health and safety to the city; and WHEREAS, Council desires to preserve and promote the health and safety of the City by preserving the beauty of the landscaping and outdoor areas within the City: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring as follows: Section 1. That Section 95.20 through 95.26 of the Dublin Codified Ordinances, inclusive, regulating the abatement of noxious weed and grass within the City of Dublin, are created as follows 95.20 DEFINITIONS Any word or phrase used in these guidelines which is not defined here shall have the meaning used in the section appropriate to the context in which such word or phrase is used. Grass. Any of a large family (Gramineae) of monocotyledonous, mostly herbaceius plants with jointed stems, slender sheathing leaves, and flowers borne in spikelets of bracts. Noxious. Physically harmful or destructive to living beings. Noxious weeds. Means any type or species that have been included on the official list of noxious plants for the State of Ohio. Weed. Plant that is not valued where it is growing and tends to overgrow more desirable plants. 95.21 REMOVAL OF NOXIOUS WEEDS AND GRASS; DUTY OF CODE ENFORCEMENT OFFICER. No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the City, shall permit noxious weeds or grass, to grow thereon to a height in excess of six inches, or to spread or mature seeds thereon, or fail to cut and destroy such noxious weeds and grass when notified by the Code Enforcement Officer. The Code Enforcement Officer shall determine when lots and lands in the City contain noxious weeds and grass which constitute a nuisance or endanger the public health, and shall see that such weeds and grass are removed or the nuisance abated. 95.22 NOTICE TO OWNER TO CUT WEEDS AND GRASS. The Code Enforcement Officer shall cause written notice to be served once each growing season, March 1 through October 31 of each calendar year, upon the owners, lessees, tenants or other persons or entities having charge or care of land in the city, notifying him that noxious weeds and grass are growing on such property and that they shall be cut and destroyed within five days after service of such notice and thereafter during the growing season with sufficient frequency to prevent such noxious weeds and grass from exceeding six inches or maturing seeds thereon. Service of the notice may be served by certified mail, as listed in the county auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 0043 Ordinance No ................88-00................................... Passed ......................................I?age.~........., ....................... certified mail is refused or unclaimed; personal service, by posting at the subject property; or by publishing such a notice once in a newspaper of general circulation in the city. 95.23 FAII.URE OF OWNER TO COMPLY. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to Section 95.21, which constitute a nuisance and/or endanger the public health, safety or welfare, and that the person having charge or care of the land has neglected or refused to comply with the notice. Thereupon, the Code Enforcement Officer may cause such noxious weeds and grass to be cut by use of City forces and equipment or by the hiring of private contractors. 95.24 COSTS. The property owner shall pay all costs associated with the cutting and removal of the noxious weeds and grass. Upon completion of the cutting and removal of the noxious weeds and grass, the Code Enforcement Officer shall determine the cost of cutting and removal, and shall cause a statement thereof to be mailed to the owner of the land. 95.25 PAYMENT OF COSTS; UNPAID COSTS A LIEN. The property owner may pay such fees as charged in accordance with this chapter to the City of Dublin within thirty (30) days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services as provided in Section 95.23 to the County Auditor, together with a proper 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 Revised Code Section 731.54. The recovery of costs by the City pursuant to this section is a remedy in addition to the penalty provided in Section 95.99. 95.26 EXEMPTIONS. Areas cultivated specifically as a wildflower area, vegetable garden, natural area for birds and other wildlife, or other areas as determined by Council are exempt from the provisions of this chapter. Section 2. Whoever violates any provision of this Section shall be guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Section 3. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public health, safety, and welfare due to the need to immediately ensure the health and safety of the residents, control the growth of noxious weeds, and the protection of the quality of life of the residents. This Ordinance shall therefore be effective upon passage. day of , 2000. -Presiding Officer ATTEST: Clerk of Council I hereby certify thot copies of this Ordinance/Resolution were City of Dublin in accordance with Section 731.25 of the tthio F Lam' Q~1~: Cler of Council, Dublin, Ohio S:\DATA\COUNCII.\ORDWANC12000\88-00 WEEDS.DOC ~~ ~. ~~ SCHOTTENSTEIN, ZOX ~ DUNN A Legal Professional Association ONE CLEVELAND CENTER THE HUNTINGTON CENTER 1375 EAST NINTH STREET, SUITE 950 41 SOUTH HIGH STREET ^' COLUMBUS, OIHO 43215-6106 CLEVELAND, OHIO 44114 TELEPHONE 614/462-2700 ~ Fnx 614/462-5135 TELEPHONE 216/621-6501 WEBSITE: WWW.SZD.COM MEMORANDUM TO: Dublin City Council Tim Hansley, City Manager FROM: Stephen J. Smith, Law Director DATE: June 15, 2000 BANK ONE TOWERS SO44 MONTGOMERY ROAD, SUITE 7OO CINCINNATI, Oxlo 45236-2926 TELEPHONE 513/792-2730 RE: Summary of New Ordinance Regarding the Abatement of Noxious Grass and Weeds At the request of the Division of Planning, specifically the Code Enforcement Officer, the Law Director's Office has prepared a new version of the grass and weed ordinance. The new ordinance contains several changes from the current version that is in effect. First, the new ordinance prohibits a landowner from having any noxious grass and/or weeds on their property which exceed six inches in height. Under the current code, the height requirement is twelve inches. Second, the growing season during which the ordinance may be enforced was enlarged to March 1 through October 31. Under the current code the growing season is May 1 through September 30. Third, the new ordinance gives Council the ability to exempt certain areas from this section. This provision was added in light of some of the proposed plans for the "Road to WOW" which would include areas would contain plants which would be included in the Ohio Attorney General's definition of noxious weeds and grass. The new ordinance specifically allows Council to designate wildflower areas, vegetable gardens, and natural areas for birds and wildlife. In addition, the new ordinance includes a provision that would allow Council to exempt any other area. Finally, the new ordinance contains definitions of all of the relevant terms including grass, weed, noxious weeds and noxious. These definitions are included to ensure that the new ordinance meets due process requirements under both the United States Constitution and the Ohio Constitution. If you have any questions or comments regarding the new grass or weed ordinance or any of the provisions listed above, please do not hesitate to contact this office.