Explanation
BACKGROUND:
This proposed code change deletes a reference to a section of the Ohio Administrative Code that no longer exists as the Ohio Administrative code has been updated so that all codes dealing with noxious weeds and rank growth are in one code section. This code change ensures that the local code reflects this consolidation of state code and that the Ohio Administrative Code reference that remains in the Columbus City Codes is correct.
The ordinance also adds poison sumac and pokeberry, also know as inkberry, to the local list of prohibited noxious weeds as these plants can produce sever allergic reactions in members of the community and otherwise pose a nuisance when cultivated or simply allowed to grow.
These code changes were reviewed by the Columbus Property Maintenance Appeals Board at their December 14, 2009, meeting and recommended these code changes for adoption by Columbus City Council.
FISCAL IMPACT: None.
Title
To amend Columbus City Code Sections 703.24, 709.01 and 709.03, dealing with the definition of weeds in Title 7, "Health, Sanitation and Safety Code", in order to correct a reference to an Ohio Administrative Code Section and to add poison sumac and pokeberry to the list of Prohibited Noxious Weeds in the City of Columbus.
Body
WHEREAS, this proposed code change deletes a reference to a section of the Ohio Administrative Code that no longer exists as the Ohio Administrative code has been updated so that all codes dealing with noxious weeds and rank growth are in one code section; and
WHEREAS, this code change ensures that the local code reflects this consolidation of state code and that the Ohio Administrative Code reference that remains in the Columbus City Codes is correct; and
WHEREAS, the ordinance also adds poison sumac and pokeberry, also know as inkberry, to the local list of prohibited noxious weeds as these plants can produce sever allergic reactions in members of the community and otherwise pose a nuisance when cultivated or simply allowed to grow; and
WHEREAS, these code changes were reviewed by the Columbus Property Maintenance Appeals Board at their December 14, 2009, meeting and recommended these code changes for adoption by Columbus City Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the existing section 703.24 of the Columbus City Codes, 1959, is hereby amended to read as follows:
703.24 Letter W.
"Weeds" shall mean those plant species including, but not limited to, brush, vines or shrubs as listed in Chapter 901:5-31 of the Ohio Administrative Code, titled "Noxious Weeds," and Chapter 901:5-37 of the Ohio Administrative Code, titled "Other Prohibited Noxious Weeds," and thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, poison sumac, pokeberry, grass or other plant species of rank growth which may potentially create, directly or indirectly, an unhealthy or unsafe condition.
Section 2. That the existing section 703.24 of the Columbus City Codes, 1959, is hereby amended to read as follows:
709.01 Purpose.
This chapter establishes minimum standards and governs the responsibility of person for the control, cutting and removal of weeds, noxious weeds and rank growth that may be present on any property or premises in the city. Weeds, noxious weeds or rank growth may include but are not limited to brush, vines, shrubs, thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, poison sumac, pokeberry, grass or other plant species which may potentially create, directly or indirectly, a health hazard or may endanger public safety.
Section 3. That the existing section 709.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
709.03 Standards relative to noxious weeds.
(A) No owner or person having charge shall suffer to grown upon the pavements or in the gutters or upon the dedicated portion of the street, alley or easement abutting his or her property any brush, vines, shrubs, thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, poison sumac, pokeberry, grass or other noxious weeds.
(B) No owner or person having charge shall permit to grow on any property or premises in the city, any brush, vines, shrubs, thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, poison sumac, pokeberry, grass or other noxious weeds, exceeding twelve (12) inches in height.
(C) No owner or person having charge of a dwelling, dwelling unit, multiple dwelling, business building or premises shall allow grass, weeds, noxious weeds, brush or similar vegetation to remain on the premises at such a height and density as to constitute harborage, actual or potential, for rodents or vermin.
(D) For the purpose of this code, a height of twelve (12) inches constitutes a potential hazard. The foregoing shall not apply to a premise or part thereof on which such growth may be reasonably demonstrated to be for agricultural or horticultural use.
Section 4. That prior existing sections 703.24, 709.01 and 709.03 of the Columbus City Codes, 1959, are hereby repealed.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period provided by law.