WHEREAS the Village of Killbuck wishes to set standards for property owners within the

Municipality in relation to mowing and maintenance of noxious weeds and vegetation;

 

WHEREAS, council has determined that a need exists for amendment to Ordinance number

2004-04; now therefore

BE IT ORDAINED by the Council for the Village of Killbuck, Ohio:

SECTION 1. The following subsections are hereby enacted by ordinance of Council as an

addition to the Killbuck Municipal Code:

660.15 MOWING OF NOXIOUS WEEDS.

Any person owning or having charge of land within the Municipality shall keep such

property free and clear from all noxious weeds and vegetation on the lots owned or controlled by said

person through mowing or other means at least once per month from May 1 to October 1.

660.16 NOTICE TO OWNER TO CUT NOXIOUS WEEDS; SERVICE.

Upon information that noxious weeds or vegetation are growing on lands in the

Municipality and are about to spread or mature seeds, or if grass or vegetation is more than ten inches

(10") high, Council shall cause written notice to be served on the owner or person having charge of

such land that such grass, weeds or vegetation must be cut and destroyed within five days after service

of such notice. If such owner or person having charge of such land is a nonresident of the

Municipality whose address is known, such notice shall be sent to his address by certified mail; if

unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in

Holmes County. If such person resides within the Municipality, service shall be by personal, residence

or certified mail.

660.17 SERVICE AND RETURN.

The Police Chief, any police officer or Clerk of Council may make service and return of the

notice.

660.18 PROCEDURE WHEN OWNER FAILS TO COMPLY WITH NOTICE.

If the owner or person having charge of such land fails to comply with such notice, Council

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shall cause the grass, noxious weeds or vegetation to be cut and destroyed. All expenses and labor

costs incurred in cutting and/or destroying the grass, noxious weeds or vegetation shall, when

approved by Council, be paid out of Municipal funds not otherwise appropriated.

660.19 WRITTEN RETURN TO COUNTY AUDITOR; LIEN ON PROPERTY;

OTHER ACTION.

Council shall make a written return to the County Auditor of its action, with a statement of

the charges for its services, the amount paid for labor, and a proper description of the premises. Such

amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and

after the date of the entry and be collected as other taxes and returned to the Municipality for the

general fund. At the option of Council in lieu of certification, amounts due may be collected in an

action at law.

660.20 MINOR MISDEMEANOR.

Any person owning or having charge of land within the municipality who fails to take action

as described under section 660.16 of this Ordinance is guilty of a minor misdemeanor and shall be

subject to a mandatory nonsuspendable fine of One Hundred and Fifty and no/100 Dollars ($150.00).

It shall be an affirmative defense to a charge under this section that the person charged was prevented

from taking such action due to inclement weather.

SECTION 2. This ordinance shall take full force and effect at the earliest time allowed by

law.

Ordinance number 2004-04 is hereby repealed.

Passed at a Regular Meeting of the Village Council, duly convened with a quorum present, this

______ day of _____________, 2011.

President of Council

ATTEST:

__________________________

Village Clerk

APPROVED:

__________________________

Mayor