WHEREAS, Council finds and determines that regulations related to the trimming of trees, shrubs and weeds need to be modified.

SECTION I. That existing Section 521.11, Noxious Weeds, of the Code of Ordinances of the Village be and the same hereby is amended to read and provide, in its entirety as follows:
*521.11 TRIMMING OF TREES, SHRUBS AND WEEDS REQUIRED.

(a) Trimming of Trees, Shrubbery The owner of every lot or parcel of land upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging any public street, sidewalk or right of way shall conform to the regulations of this section. If such regulations are not followed, the Village shall cause such trees to be trimmed or cut down and removed in accordance with this section, with the costs to be assessed against the owner of the lot or parcel of land.

(1) The owner shall trim or cause to be trimmed every overhanging tree, plant or shrub so that a clear height of seven feet between the lowest branch and the street or sidewalk is maintained.

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

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

(b) Definitions As used in this section, the following definitions shall apply"

(1) 'Noxious weed' means any plant which is currently listed as a "prohibited and restricted noxious weed" by the Director of Agriculture in the Ohio Administrative Code.

(2) 'Uncontrolled growth' means all grasses and/or weeds growing at a height of eight inches or higher upon any developed property.

c) Uncontrolled Growth, Nuisance Uncontrolled growth, as defined in sub-section (b)(2) hereof, within the Orange Village, is hereby declared to be a public nuisance.

(d) Agricultural Use, Exempted Notwithstanding the provisions of this chapter, any land where grasses are grown in conjunction with the agricultural purposes of farming, dairying and/or pasturage shall not be subject to the provisions of this chapter.

(e) Removal of Noxious Weeds and/or Uncontrolled Growth Upon information that:

(1) Noxious weeds are growing on lands within the Village and are about to spread or mature seeds, and/or

(2) Uncontrolled growth is growing on lands or property which s adjacent to lots or lands upon which a residential welling or commercial building exists, whether or not such building is occupied, and/or all sublots in as recorded subdivision n their entirety.

The Building Commissioner shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of any such lot or parcel of land, whether the same improved, vacant or occupied, notifying him or her that noxious weeds and/or uncontrolled growth is growing on such lot or parcel of land and that such noxious weeds and/or uncontrolled growth must be cut and destroyed within five days after the service of such notice.

(f) Notification: Service If such owner or other persons having charge of such lands is a resident whose address is known, personal service shall be made by any police officer or employee of the Village Building Department. If such owner, or other person shall be sent to his or her address by certified mail, return receipt requested: if the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Cuyahoga County, Ohio.

(g) Compliance. The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant or occupied, within five days after written notice that noxious weeds and/or uncontrolled growth is growing on such lands, is served upon him or her in conformity with this section, shall cut or destroy or cause to be cut or destroyed all noxious weeds and/or uncontrolled growth, and prevent the same from blooming, going to seed or spreading.

(h) Noncompliance Remedy of Village If the owner, lessee, agent or tenant having charge of the lands herein fails to comply with such notice, the Building Commissioner shall cause such noxious weeds and/or uncontrolled growth to be cut and destroyed, and the expenses so incurred shall be paid out of the treasury of the Village, and an invoice of such costs, including administrative costs, shall be submitted to the owner, lessee, agent or tenant for reimbursement to the Village.

(i) Collection of Costs In the event the owner, lessee, agent or tenant does not reimburse the Village for the expenses incurred in furtherance of this section, the Treasurer shall certify such expenses to the Auditor of Cuyahoga County with the request that such amount be entered upon the tax duplicate and a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the Village according to law.

(j) Penalty Whoever violates any provision of this chapter shall e deemed guilty of a minor misdemeanor and fined not more than one hundred fifty dollars ($150.00). Each day's violation shall constitute a separate offense.

SECTION 2. That existing Section 521.11 and all other ordinances or parts thereof in conflict with this ordinance be, and the same hereby are, repealed.

SECTION 3. That actions of this council concerning and relating to the passage of this legislation were adopted in an open meeting of this Council and that all deliberations of this council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Chapter 105 of the Codified Ordinances of Orange Village.

SECTION 4. That this ordinance constitutes an emergency measure in hat the same provides for the immediate preservation of the public peace, health, safety and welfare of the the inhabitants of Orange Village. Specifically, residence with the Village have very long grass which require immediate attention to prevent annoyances and harms to neighboring properties. Wherefore, this ordinance shall take effect and be in force from and after its adoption by Council and approval by the Mayor.

Passed 9-14-2005 Susan L Bonk, Clerk
Delivered to Mayor 9-14-2005
Signed Kathy U Mulcahy
Mayor

Lisa S. Perry
President of Council