§ 731-5. Notice to Owners and Persons in Control for Initial and Subsequent Violations.
(a)
Notice for Initial Violations: When the city manager or the city manager's designee ascertains that weeds and/or turf grasses are growing on any lot or land within the city of Cincinnati in violation of Section 731-3(a), a written notice in accordance with Section 1501-13 shall be served upon the owner or person in control of that property. In addition to the notice of civil offense and civil fine provided in Section 1501-13, the written notice shall state the following:
(1)
Weeds and/or turf grasses are growing on the lot or land in violation of Section 731-3(a);
(2)
The weeds and/or turf grass must be cut and removed within seven days of the date of receipt of the notice;
(3)
Due to the recurring nature of violations under this Section, if the owner or person in control fails to bring the property into compliance with Section 731-3 within seven days of receiving a notice of civil offense and civil fine, the following shall occur:
A.
The property shall be deemed Abandoned Property;
B.
Grass or weeds that become six inches or higher will be a Subsequent Violation;
C.
If there are any Subsequent Violations found at the Abandoned Property, in addition to imposition of civil fines, the city will abate all Subsequent Violations pursuant to either Section 731-9 or 731-10;
D.
The costs of all abatement of Subsequent Violations will be assessed as set forth in Section 731-11;
E.
The Abandoned Property will be part of a routine maintenance schedule, pursuant to guidelines established by the city manager or the city manager's designee;
F.
Once the property is deemed Abandoned Property, in order to avoid issuance of further civil fines for subsequent violations or assessment for the costs of the abatement action, an owner or person in control of abandoned property must contact the city manager or the city manager's designee in writing to request approval of an abatement plan.
(b)
Notice for Subsequent Violation: Once a property is deemed Abandoned Property, in addition to the penalty described in Section 731-99, when the city manager or the city manager's designee ascertains that weeds and/or turf grasses are growing on the property in violation of Section 731-3(b), a written notice in accordance with Section 1501-13(e) shall be served upon the owner or person in control of the property each and every time the condition is to be abated. In addition to the notice of civil offense and civil fine provided in Section 1501-13, the written notice shall state the following:
(1)
Weeds and/or turf grasses are growing on the lot or land in violation of Section 731-3(a); and
(2)
Due to the recurring nature of violations under this Section, if the owner or person in control fails to bring a property into compliance with Section 731-3 within seven days of receiving an initial notice of civil offense and civil fine, the following shall occur:
A.
The property will be deemed Abandoned Property;
B.
Grass or weeds which become six inches or higher will constitute a Subsequent Violation;
C.
If there are any Subsequent Violations found at the Abandoned Property, in addition to imposition of civil fines, the city will continue to abate all Subsequent Violations pursuant to either Section 731-9 or 731-10, providing notice of abatement each time;
D.
The costs of all abatement of Subsequent Violations will be assessed as set forth in Section 731-11;
E.
The Abandoned Property will be part of a routine maintenance schedule, pursuant to guidelines established by the city manager or the city manager's designee;
F.
Once the property is deemed Abandoned Property, in order to avoid issuance of further civil fines for subsequent violations or assessment for the costs of the abatement action, an owner or person in control of abandoned property must contact the city manager or the city manager's designee in writing to request approval of an abatement plan.
(C.O. 737-14; renumbered to C.M.C. 731-5, eff. Jan. 1, 1972; a. Ord. No. 242-1999, eff. July 9, 1999; a. Ord. No. 211-2002, eff. June 19, 2002; a. Ord. No. 257-2002, eff. June 26, 2002; a. Ord. No. 149-2011, § 1, eff. June 11, 2011; Emer. Ord. No. 075-2015, § 2, eff. March 25, 2015)