CHAPTER 543

Trees, Weeds and Grass

543.01 Trimming of trees and shrubbery.
543.02 Removal of weeds by owner or occupant; notice.
543.03 Removal of trees, weeds and grasses by Municipality.
543.04 Assessment of costs by Municipality.
543.99 Penalty.

CROSS REFERENCES

Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessments for tree planting or maintenance - see Ohio R.C. 727.011
Notice to cut noxious weeds - see Ohio R.C. 731.51 et seq.
Injury or destruction of trees and growing products - see GEN. OFF. 541.06


543.01 TRIMMING OF TREES AND SHRUBBERY.
The owner of every lot or parcel of land within the corporate limits upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk shall conform to the regulations herein provided; otherwise, the Municipality shall cause such trees to be trimmed or cut down and removed in accordance with such regulations and assess the cost thereof against the owner of such lot or parcel of land.

(a) The owner shall trim or cause to be trimmed such tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street or sidewalk is maintained.

(b) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street or sidewalk.

(c) The owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street or sidewalk.
(Ord. 2398. Passed 10-19-57.)


543.02 REMOVAL OF WEEDS BY OWNER OR OCCUPANT; NOTICE.
The owner, occupant or person having the charge or management of any lot or parcel of land situated within the corporate limits, whether the same is improved or unimproved, vacant or occupied, within five days after written notice to do so has been served upon him in conformity with Ohio R.C. 731.52, shall cut weeds or vines growing upon any such lot or parcel of land, and prevent the same from blooming, going to seed or exceeding a height of six inches.
(Ord. 1165. Passed 2-20-86.)


543.03 REMOVAL OF TREES, WEEDS AND GRASSES BY MUNICIPALITY.
In the event the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with the provisions of this chapter, then the Director of Public Service is hereby authorized and it is hereby declared to be his duty to have enforced the provisions of this chapter, and to cause to be trimmed or removed such tree, planting or shrubbery, or part thereof, and cut and remove all grass and weeds, after an inspection of the property has been made.
(Ord. 1165. Passed 2-20-86.)


543.04 ASSESSMENT OF COSTS BY MUNICIPALITY.
Whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing in any street, public place or upon private property contiguous to a street or sidewalk or public place, and is trimmed or removed by the Municipality, then, after the work is done, the Municipality shall give five days notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such trimming or removal of trees, plant, shrubbery, grass or weeds or parts thereof, which notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within thirty days after the mailing of the notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(Ord. 2389. Passed 10-19-57.)


543.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day?s violation or repeated violation by the same person shall constitute a separate offense, punishable by a fine of not less than one hundred dollars ($100.00).

(EDITOR?S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)


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