What are the Regulation on Nuisances, Trees, and Trash in Dayton, OH?

Below you will find information on Dayton, OH regulations concerning nuisances, trees, and trash. Here at Premiere Tree Services of Dayton, we make sure that all our customers are well informed, not only on tree care but on tree regulations as well. For all your tree removal, honeysuckle removal, tree trimming, stump grinding, or other tree service needs, contact us today. We look forward to working with you!

Definitions

For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively:

Premises. A lot, plot, or parcel of land, including the building or structure thereon or any parts thereof, and adjacent land occupied by public right-of-ways, to the median point between adjoining properties.

Trees. Trees, shrubs, bushes, and all other woody vegetation, but shall not include shrubs or bushes which do not grow higher than 15 feet.

Trash. Litter and debris, including but not limited to any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of motor vehicles and machinery of whatever nature and design, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.

Overhanging trees

The owner of every lot or parcel of land within the city upon which a tree stands with any part of said tree upon or overhanging a public thoroughfare, and the owner of every such lot or parcel of land abutting a public thoroughfare upon which thoroughfare and in front of which lot or parcel of land a tree stands, shall conform to the following regulations:

  1. The owner shall trim, or cause to be trimmed, the tree so that it shall not obstruct the free passage of light from any street light to the immediately subjacent street or sidewalk.
  2. The owner shall trim, or cause to be trimmed, the tree so that a clear height of 13 feet between the lowest branches and the street, alley, or sidewalk is maintained.
  3. The owner shall trim or remove, as the case may require, every dead, decayed, or broken tree or part thereof hereinabove described so that it shall not fall to the street or sidewalk.

Certain trees prohibited

The following trees shall not be used for street planting or be planted thereon: Fruit trees, berry trees of any description, poplars, willows, birches, catalpas, box elder, silver maple, horse chestnut, tree of Heaven, European Mountain ash, Chinese elm, and American elm.

Removal of tree guards prohibited

No person shall remove or misuse any guard or other device placed or intended to protect from injury any tree or shrub in any street in the city.

Gas main leaks prohibited

No person owning, maintaining, or operating any gas pipe or mains laid beneath the surface of any street, alley, or sidewalk in the city shall permit any leak to occur within such pipe or mains within a radius of 40 feet of any tree in any street or public place within the city. In the event that a leak occurs in any such pipe or mains it shall be the duty of such person owning or using such defective pipe to repair the same forthwith and to stop the leak in such manner as will prevent recurrence of the same trouble, after receiving notice from the Director of Public Works that such leak exists.

Guards around trees required

No owner or contractor shall erect, alter, or repair any building or structure without first placing or causing to be placed around any tree located in a street, alley, or public place, and likely to be damaged by such operations, such guards as shall effectually prevent injury to any such tree.

Protection of trees from electric wires

Every person having or maintaining in the city streets any wires charged with electricity, shall take whatever steps the Director of Urban Development may deem practicable to protect trees from injury by reason of such wires.

Interference with tree planting by city prohibited

No person shall prevent, delay, or interfere with the Director of Urban Development or any of his assistants in the lawful planting, pruning, trimming, or removing of any tree, plant, or shrub in any street, alley, or public highway or place in the city. However, nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction, for the protection of property rights, by the owner of any tree in the city.

Weed cutting and trash removal required

The owner, occupant, or any person having the care, control, or possession of any premises within the city shall cut down and remove therefrom all offensive, noxious, or unsightly weeds, vines, and grass, and maintain the premises clear of trash.

Notice of violation

The Director of Housing and Neighborhood Affairs or the Director of Public Works shall cause written notice to be served in the manner provided by the Ohio Rules of Civil Procedure for service of summons in civil actions on any person found to be in violation of the provisions of § 96.10, ordering such person to mow any weeds, vines, and grass, or clear such premises of trash within five days from the service of such notice. If the owner, occupant, or person having the care, control, or possession of such premises cannot be found, the notice shall be published once in a daily newspaper of general circulation within the city.

Weed cutting, spraying, and trash removal by city

If the owner, occupant, or person having the care, control, or possession of any such premises shall fail to mow the weeds, vines, or grass, or remove all trash as provided in §§ 96.10 and 96.11, the Director of Human and Neighborhood Resources may cause such premises to be mowed, or sprayed with a vegetation growth retardant, and cleared of trash. The owner, occupant, or person having the care, control, or possession of such premises shall be billed directly by mail for the cost incurred by the city in mowing, spraying, or clearing such property. The bill for the costs thereof shall be paid within 30 days after mailing of the bill. If the costs are not so recovered, then the city may certify the costs thereof to the county auditor for addition to the tax duplicate as provided by general law.

Penalty

  1. Any person who violates any provisions of any section of this chapter for which a penalty is not otherwise specifically provided shall be guilty of a minor misdemeanor.
  2. Any person who violates § 96.10 of this chapter shall be guilty of a misdemeanor of the fourth degree.

The information contained in this website has been provided for informational purposes only. It is general in nature, and should not be mistaken for specific legal advice. All information on this website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or correctness, and without warranty of any kind, expressed or implied.

We know you’re really excited about getting started with your tree project, and Premiere Tree Services of Dayton is here to help! You’re just a call or a click away from getting started! Please contact Premiere Tree Services of Dayton by phone at 937-716-2311, or by email dayton@premieretreeservices.com, or visit us at 2312 Far Hill Ave #336 Dayton, OH 45419-1512

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