Ordinance No.  1425-11

 

AN ORDINANCE AMENDING ORDINANCE No. 1399-09 PERTAINING

TO THE DUTIES OF OWNERS AND OCCUPANTS OF LAND TO

DISPOSE OF NOXIOUS WEEDS AND DECLARING AN EMERGENCY.

 

WHEREAS, existing regulations pertaining to the abatement of nuisances resulting from inadequate lawn maintenance are unnecessarily cumbersome and require amendment to facilitate effective enforcement;  

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF PAULDING, OHIO that:

 

Section 1. Certain portions of Ordinance No-1399-09 are hereby amended to provide (deleted text stricken and added text in bold):

 

       Section 1. That upon written information that noxious weeds are growing on lands

             within in the Village of Paulding, Ohio, and are about to spread or mature seeds, the

             Village of Paulding shall cause the Paulding Village Police Department to serve a

             written notice upon the owner, lessee, agent, or tenant having charge of such land,

             notifying him or her that noxious weeds are growing on such lands and that they must

             be cut and destroyed within five days after the service of such notice.

 

             It is hereby found and determined that noxious weeds that are spreading or are

             about to spread mature seeds and noxious weeds and turf grasses that are 10 or

             more inches in height constitute a health hazard and public nuisance.  No owner,

             occupant or other person, having charge of any lot of land within the Village, shall

             permit conditions hereby declared to constitute a nuisance to exist on such

             property. As used in this Ordinance, “noxious weeds” shall include but are not limited

             to the following: Buckthorn, Canada Thistle, Columbus Grass, Corncockle, Cressleaf

             Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop

             (Ballcress), Hedge Bindweed, Heart-podded Hoary Cress, Horsenettle, Johnsongrass,

             Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle,

             Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle,

             Serrated Tussock, Shatter Cane, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion,

             Wild Parsnip, grapevines growing in groups of 100 or more and not pruned, sprayed, or

             cultivated, or otherwise maintained for two consecutive years; bushes of the species of

             tall, common, or European barberry, and any weeds, grass, or plants, other than trees,

             bushes, flowers, or other ornamental plants, growing to a height exceeding 12 10 inches.

 

        Section 2. That upon a finding by the Paulding Village Police Department that litter has

             been placed on lands in the Village of Paulding, Ohio, and has not been removed, and

             constitutes a detriment to public health, the Paulding Village Police Department shall

             cause a written notice to be served upon the owner and, if different, upon the lessee,

             agent, or tenant having charge of the littered land, notifying him or her that litter is on

             the land, and that it must be collected and removed within five days after the service of

             such notice.

 

             As used in this ordinance "litter" includes any garbage, waste, peelings of vegetables or  

             fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles,

             wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an

             unsightly or unsanitary nature.

 

        Section 3. If the owner or other person having charge of the land is a nonresident of the

             municipal corporation whose address is known, the notice shall be sent to his address by

             certified mail. If the address of the owner or other person having charge of the land is

             unknown it is sufficient to publish the notice once in a newspaper of general circulation

             in the Village of Paulding. The Village Administrator shall designate one or more

             Village employees to abate conditions constituting a nuisance under the standards

             established by Section 1 of this Ordinance.  Employees so designated are authorized

             to enter on any lot or parcel of land on which conditions constituting such nuisance

             as defined by Section 1 are observed to exist for the purpose of abating such

             nuisance. Written notice describing the nuisance condition and requiring that it be

             abated by proper mowing of the premises within 5 days shall be personally

             delivered by the Village of Paulding Police Department to the owner, occupant or

             other person having charge of the premises if present.  If no competent adult having

             charge of the premises is present, the notice shall be conspicuously posted on the

             premises. The notice shall be given in writing on forms prescribed by the Village

             Administrator and shall describe the nuisance condition, the abatement action

             required and the date by which the condition must be abated to avoid abatement by

             the Village. 

 

        Section 4. This ordinance does not apply to land being used under a municipal building or

            construction permit or license, a municipal permit or license, or a conditional zoning

            permit or variance to operate a junk yard, scrap metal processing facility, or similar

            businesses, or a permit or license issued pursuant to Chapter 37341, sections 4737.05 to

            4737.12, or Chapter 6111 of the Revised Code

 

        Section 5. If noxious weeds and litter are not removed within five days after serving notice,

             a Complaint shall be filed and a trial will be held before the Mayor’s Court of said

             Paulding Village. Notice of said trial shall be given to said owner, lessee, agent, or

             tenant. At the time of the trial the owner, lessee, agent, or tenant shall be given the right

             to be heard as well as the Complainant. Should the Defendant be found guilty a fine of

             not more than five hundred and no/100 dollars ($500.00) shall be imposed. The

             premises subject to a notice issued in accordance with Section 3 shall be inspected

             during customary business hours on the 6th, 7th or 8th calendar day following the

             date on which the notice was delivered or posted.  If the premises are then found to

             constitute a nuisance under the standards of Section 1, the employee designated to

             abate the nuisance or Village employees working under the Village Administrator’s

             direction shall proceed to cut and/or remove plants as necessary to bring the

             premises into compliance with the standards of Section 1 of this Ordinance.

 

       Section 6. In addition to any other fine or penalty provided herein and if the litter or noxious

            weeds are not removed, the Village shall remove said noxious weeds and litter and the

            owner, lessee, agent, or tenant in charge shall be responsible for payment to the Village at

            its cost to remove litter and noxious weeds. In the event action is taken by the Village

            in accordance with Section 5 to abate a condition declared to be a nuisance in

            accordance with this Ordinance, the owner, occupant or other person or business

            entity having charge of the premises shall be assessed a minimum fee of $85.00 plus

            any actual costs incurred to repair equipment damaged in the course of

            performance of the work.  In addition, a record shall be kept of the number of man-

            hours required to abate the nuisance and in the event more than three quarters of

            one man hour is required, an additional charge shall be added to the minimum

            service fee hereby established. The additional charge shall be computed at the rate

            of $130.00 per man hour for all time required in excess of three quarters of one man

            hour. For purposes of this computation, time spent traveling to and from the

            premises shall be included and the total time shall be calculated in quarter hour

            increments.

 

       Section 7. Upon its removal of the litter or noxious weeds the Village will submit a

           statement to the owner, occupant or other person lessee, agent, or tenant in charge for

           the cost of said removal. In the event that the owner, occupant or other person lessee,

           agent, or tenant in charge fails to pay said statement within ten days then the Village will

           submit a written return to the County Auditor in accordance with Ohio Revised Code

           §731.54 and/or Ohio Basic Code §93.44 and the Village’s cost for removal shall become a

           lien upon such lands from the date of entry.

 

      Section 8. Violation of Section 1 of this Ordinance shall be punishable as a Minor

           Misdemeanor. If the charging citation alleges and the Court finds that the

           prosecution is based on the failure of the accused to abate a nuisance within the time

           required by a notice delivered or posted in conformity with Section 2, violation of

           Section 1 of this Ordinance shall be punishable as a Misdemeanor of the 4th Degree

           and the Court shall Order payment of restitution to the Village in the amount of all

           service fees the Court determines to be due and owing in accordance with Section 6

           as part of any sentence imposed upon conviction. 

 

Section 2: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public safety, health, peace and welfare; wherefore, this Ordinance shall be in full force and effect from and immediately after its passage.

 

 

PASSED:  6/6/2011                                                                   Greg A. White

                                                                                                           Mayor

 

 

ATTEST:

 

Melissa A. Tope

Clerk-Treasurer

 

1st Reading:  ________________

2nd Reading: ________________                (Or) Rules Suspended:  6/6/2011  

3rd Reading:  ________________