Yellow Springs Public Notices

A Restating Of Ordinances

A Restating Of Ordinances Pertaining To The Management Of Weed And Nuisance Plants

674.01 TRIMMING OF TREES, PLANTS AND SHRUBBERY.
(ORD. 76-17. PASSED 11-15-76.)
(a) The owner of every lot or parcel of land, whether improved or unimproved, within the Village, upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street, bicycle path, multi-use path or sidewalk shall conform to the regulations herein provided; otherwise the Village shall cause such trees, plants or shrubbery to be trimmed or cut down and removed in accordance with these regulations and shall assess the cost thereof against the owner of such lot or parcel of land.

(1) Such 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, bicycle path, multi-use path or sidewalk is maintained.

(2) Such 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 does not fall to the street, bicycle path, multi-use path or sidewalk.

(3) Such 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, bicyclists or pedestrians using the street, bicycle path, multi-use path or sidewalk.
(b) Whoever violates or fails to comply with this section, after having been notified of the violation in the manner specified in Section 674.03, notwithstanding any action by the Village to eliminate the violation, is guilty of a minor misdemeanor.

674.02 REMOVAL OF PLANTS AND WEEDS BY OWNER.
(ORD. 76-17. Passed 11-15-76.)
(a) The owner of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant or occupied, shall conform to the regulations herein provided.

Otherwise, the Village shall act in accordance with Sections 674.03 and 674.04.

(1) Such owner shall cause the following to be removed, cut or otherwise destroyed:

A. Common ragweed (Ambrosia artemisiifolia).
B. Giant ragweed (also known locally as horseweed; Ambrosia trida).
C. Canada thistle (Cirsium arvense).
D. Poison ivy (Rhus radicans).

(2) Such owner shall cut or mow or cause to be cut or mowed any other uncultivated non-woody plant growth growing within five feet of the interior side or rear lot line, or within ten feet of the street side or front lot line, to prevent the same from blooming or going to seed or exceeding a height of twelve inches, provided, however, that abutting property owners may agree to waive this requirement along their mutual property lines.

(3) No dumping, substandard structure or stagnant water will be permitted in conjunction with unmowed plant growth. It shall be the responsibility of the owner to remove any materials dumped in an unmowed area of a lot, whether or not he or she is responsible for their having been deposited on the property. Suitably man•aged compost piles are not restricted by this provision.

(b) To protect the nesting habitat of wildlife, division (a)(2) of this section shall not be in effect from April 1 to July 1 of each year.

(c) Whoever violates or fails to comply with this section, after having been notified of the violation in the manner specified in Section 674.03, notwithstanding any action by the Village to eliminate the violation, is guilty of a minor misdemeanor.

674.03 REMOVAL OF TREES, WEEDS AND GRASSES BY VILLAGE; NOTICE.
(ORD. 76-17. Passed 11-15-76.)
In the event the owner does not trim or remove any tree, plant, shrubbery, grass or weeds, or any part thereof, in accordance with the provisions of this chapter, then the Village Manager is hereby authorized and it is hereby declared to be his or her duty to enforce the provisions of this chapter. After five days notice, by regular mail, to the owner of such lot or parcel of land at his or her last known address, or best obtainable address, to trim or remove such tree, plant, shrubbery, grass or weeds, or any part thereof, the Village Manager shall cause to be trimmed or removed such tree, plant or shrubbery, or part thereof, and shall cause all grass and weeds to be cut and removed.

674.04 ASSESSMENT OF COSTS BY VILLAGE.
(ORD. 76-17. Passed 11-15-76.)
Whenever any tree, plant or shrubbery, or any part thereof, or weeds and grass, are growing in any street, or upon private property contiguous to a street, sidewalk or public place, and are trimmed or removed by the Village, then, after the work is done, the Village shall give ve days notice, by regular mail, to the owner of such lot or parcel of land at his or her last known address, or best obtainable address, to pay the cost of such trimming or removal of trees, plants, shrubbery, grass or weeds, or any part thereof. Such 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 of the same as other taxes and assessments are collected. Such remedy shall be in addition to the penalties provided in Sections 674.01(b) and 674.02(c).

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