O.R.C.505.87 / Grass-Weeds-Debris Abatement

Whereas, the Board of Township Trustees for Shawnee Township has determined that regulations regarding abatement, control, or removal of vegetation, garbage, refuse, or debris in accordance with Ohio Revised Code 505.87 shall be adopted and regulated as follows:

1. A Board of Township Trustees may provide for abatement, control or removal of vegetation, garbage, refuse, and other debris from land in the township, if the board determines that the owner’s maintenance of such vegetation, garbage, refuse and other debris constitutes a nuisance.

​ 2. The Shawnee Board of Township Trustees determines under this section that tall grass or vegetation on land in the Township, which is not agriculturally used land, and is eight-(8) inches high or more, shall be deemed as “uncontrolled” and not maintained. Vacant parcels of land either residential, commercial or industrially zoned in nature shall be mowed a minimum of three-(3) times per year, with mowing occurring in the months of May, July, and September.

​ 3. At least seven-(7) days before providing for the abatement, control, or removal of any vegetation, garbage, refuse, or debris, the board of township trustees shall notify the owner of the land and any holders of liens of record upon the land that:

​ a. The owner is ordered to abate, control, or remove vegetation, garbage, refuse, or other debris, the owner’s maintenance of which has been determined by the board to be a nuisance;

​b. If such vegetation, garbage refuse or debris is not abated, controlled, or removed, or if provisions for its abatement, control, or removal is not made within seven-(7) days, the board shall provide for the abatement, control, or removal, and any expenses incurred by the board in performing that task, to include administrative fee costs shall be entered upon the tax duplicate and become a lien upon the land from date of entry. The board shall send notice to the owner of the land by certified mail if the resident is a resident of the township or is a non-resident whose address is known, and by certified mail to lien holders of record; alternately, If the owner is a resident of the township or is a non-resident whose address is known, the board may give notice to the owner by causing any of its agents or employees to post the notice on the principal structure on the land and to photograph that posted notice with a camera capable of recording the date of the photograph on it. If the owner’s address is unknown, and cannot be reasonably obtained, it is sufficient to publish the notice once in the newspaper of general circulation in the township.

​ 4. If a board of township trustees determines within twelve-(12) consecutive months after a prior nuisance determination that the same owner’s maintenance of vegetation, garbage, refuse, or other debris on the same land in the township constitutes a nuisance, at least four-(4) days before providing for the abatement, control or removal of any vegetation, garbage, refuse or other debris, the board shall give notice of the subsequent nuisance determination to the owner of the land and to any holder of liens of record upon the land as follows:

​ a. The board shall send written notice by first class mail to the owner of the land and to any lien holders of record. The failure of delivery notice shall not invalidate any action to abate, control, or remove the nuisance. Alternately, the board may give notice to the owner by causing any of its agents or employees to post the notice on the principal structure of the land and to photograph that posted notice with a camera capable of recording the date of the photograph on it.

​ b. If the owner’s address is unknown, and cannot be reasonably obtained, it is sufficient to post the notice on the board of township trustee’s internet web site for four-(4) consecutive days or post the notice in a conspicuous location in the board’s office for four-(4) consecutive days if the board does not maintain an internet web site.

​ 5. The owner of the land or holders of liens of record upon the land may enter into an agreement with the board of township trustees providing for either party to enter the agreement to perform the abatement, control, or removal before the time the board is required to provide for the abatement, control, or removal under Section 6 of this resolution.

​ 6. If within seven-(7) days after notice is given under Section 3, or within four-(4) days after notice is given under Section 4 of this Resolution, the owner of the land fails to abate, control, or remove the vegetation, garbage, refuse or debris, or no agreement for its abatement, control, or removal is entered into under Section 5 of this Resolution, the board of township trustees shall provide for the abatement, control, or removal and may employee necessary labor, materials, and equipment to perform the task. All expenses incurred shall, when approved by the board of trustees, be paid out of the townships general fund from moneys not otherwise appropriated, except that if the expenses incurred exceed five hundred ($500.00) dollars, the board may borrow money from a financial institution to pay for the expenses in whole or in part.

​ 7. The board of township trustees shall make a written report to the county auditor of the board’s action under this section. The board shall include in the report a proper description of the premises, and statement of all expenses incurred in providing for the abatement, control or removal of any vegetation, garbage, refuse or debris, as provided in Section 6 of this Resolution, including the boards charges for its services, the costs incurred in providing notification, any administrative fees, or interest paid to borrow moneys and the amount paid for labor, materials, and equipment. The expenses incurred, when allowed, shall be entered upon the tax duplicate, are a lien upon the land for the date of the entry, and shall be collected as other taxes and returned to the township and placed in the townships general fund.