PUBLIC NOTICE ALL KETTERING RESIDENTS Section 1323.08(M)(2) Service of Notice. The Chief Code Official shall annually cause notice to be served via publication in a newspaper of general circulation within the City informing owners, occupants, and tenants of premises in the City of Kettering of their Duty to Cut under Section 1323.08(M)(1). Such notice shall not be required to describe the premises or to specify the name of the owner, occupant, or tenant of such premises. Failure to read the notice shall not constitute a defense to, nor waive liability imposed. Such notice shall contain the following information: (a) All premises within the City of Kettering must be kept in compliance with Section 1323.08(M)(1), which prohibits tall grass and weeds in excess of eight inches (8") in height or length. (b) Should the owner, occupant, or tenant fail to comply, the city will cause tall grass and weeds to be cut at the owner's expense. All costs incurred by the City shall be recovered in accordance with Section 1322.06(F). (c) Contact information for the Property Maintenance Division (PH: 937-296-2441). Section 1323.08(M)(1) Duty to Cut Tall Grass and Weeds. All premises, including areas in or along the edges of buildings, walls, fences, driveways, private and public sidewalks, shall be maintained free from tall grass and weeds in excess of eight inches (8") in height or length. All weeds shall be prohibited. All weeds including wild carrot, ragweed, poison ivy, and poison sumac shall be controlled to avoid spread. The owner, occupant, or tenant of a premises with adjacent right-of-way shall be responsible for the cutting and removal of tall grass and weeds located on such adjacent right-of-way whether improved or not. Section 1328.08(I). Vegetation growing through control joints, breaks, and cracks within paved areas, such as walkways, driveways, parking lots, and adjacent public sidewalks, shall be considered as weeds and shall be removed. All vegetation, including tall grass and weeds, encroaching on or impacting the use of public sidewalks and other rights-of-way shall be removed. Section 1323.08(M)(3). If a premises is found to be in violation of Section 1323.08.(M)(1), only one written Notice of Violation and Order to Cut need be served upon the property owner, occupant, or tenant and shall serve as the final written Notice of Violation to the property owner for the entire mowing season. Thereafter, if an owner, occupant, or tenant of the property fails to comply with the served Notice of Violation and the same premises is found to be in violation of Section 1323.08(M)(1), the City shall cause the tall grass and weeds to be cut. All costs incurred by the City shall be recovered in accordance with Section 1322.06(F). Section 1323.08(M)(4) Placarding. Vacant properties found to be in violation of Section 1323.08(M)(1) shall have a placard conspicuously placed on the premises during the mowing season. Placard shall contain the nature of the violation, an order to cut, the city's right to cut if cut and recover costs and contact information for the Property Maintenance Division. Removal of the placard without approval shall constitute a violation of the code. Owner must notify the Chief Code Official if property is reoccupied or sold. If the responsible party complies with the Notice of Violation and Order to Cut, the Chief Code Official shall remove the placard once the property is reoccupied or sold. Section 1323.08(M)(6) Removal of Weeds. The owner, occupant, or tenant to whom a notice of violation of Section 1323.08(M)(1) has been served, shall, within ten (10) days of the date of service of such notice, cut and remove such vegetation causing the violation. (Ord. 4436-25. Passed 10-14-2025) 3-22, 3-29/2026
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