Law Director

11/08/17

ORDINANCE NO. 17-O-117

AN ORDINANCE AMENDING PART THIRTEEN, TITLE FIVE, CHAPTER 1349,
OF THE CODIFIED ORDINANCES OF THE CITY OF MENTOR 2006, AS AMENDED,
THE SAME RELATING TO DEFINITIONS AND MAINTENANCE OF PREMISES

WHEREAS, the Law Director has recommended changes to the Mentor Code of
Ordinances relative to Definitions and Maintenance of Premises.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
MENTOR, COUNTY OF LAKE, STATE OF OHIO:

SECTION 1. That part Thirteen, Title Five, Chapter 1349 of the Codified Ordinances of
the City of Mentor, 2006 as amended, be and the same is hereby amended to read as in Exhibit
“A”, attached hereto and incorporated herein and to read in such a way that existing language to
be removed is shown as stricken in red font; newly added language is shown as red font and
language to remain retains the existing font and format.

SECTION 2. That it is found and determined that all formal actions of this Council
concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this
Council and that, except as otherwise provided by Section 121.22 of the Ohio Revised Code, all
deliberations of this Council and any of its committees that resulted in such formal action were
meetings open to the public in compliance with all legal requirements.

SECTION 3. This ordinance shall take effect and be in force from and after its passage at
the earliest period allowed by law.

__________________________________
President of Council

PASSED: ___________________________

ATTEST: ___________________________
Clerk of Council
Law Director
11/08/17

ORDINANCE NO. 17-O-117
EXHIBIT “A”
Page 1 of 3
1349.01 DEFINITIONS.
Unless otherwise expressly stated, the following terms shall, for the purpose of this code,
have the meanings indicated. Words used in the present tense include the future; words in the
masculine gender include the feminine and neuter; the singular number includes the plural and the
plural the singular. Where terms are not defined in this code, they shall have ascribed to them their
ordinarily accepted meanings or such as the context herein may imply.
(a) Target Zone means an area where people, property or activities could be injured,
damaged or disrupted by a falling tree or branch.
(a) Basic Tree Risk Assessment Form means a form used by the City of Mentor
to collect information about trees to determine if they are trees of risk.
(b) Bulk Item means furniture, appliances, hot water tanks and any other items
that will not fit in the contractor-supplied receptacle.
(c) Certified Arborist means a credential identified professional who has a
minimum of three years full-time experience working in the professional tree care
industry who has passed an extensive examination covering all facets of arboriculture
and is TRAQ qualified.
(d) Exterior of the Premises means the open space of any premises outside of
the building.
(e) Garbage means animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
(f) Infestation means the presence of insects, rodents, vermin, or other pests on
the premises which constitute a health hazard.
(g) Junk Vehicle vehicle means any vehicle that which is:
(1) Without a currently valid license plate or plates Unlicensed;
(2) Left on private property without permission of the person having the right
to possession of the private property;
(3) Dismantled, partly dismantled, wrecked, or otherwise extensively damaged,
such damage may include: deflated, wrecked, or missing tires or rims;
broken or missing headlights, taillights, or brake lights; broken, cracked or
missing windows or windshields; missing all or part of the motor or
transmission;
(4) Inoperative or inoperable;
(5) In an abandoned condition; or
(6) Cited for exhibiting any of conditions (1) through (5) and subsequently
covered by a sheet, tarp, or other similar covering.
(h) Junk Vessel means any vessel that is:
(1) Unlicensed;
(2) Left on private property without permission of the person having the right
to possession of the private property;
(3) Dismantled, partly dismantled, wrecked, or otherwise extensively damaged,
such damage may include: missing a deck, hull, transom, gunwales, motor,
or outdrive;
(4) Left in a sunken, beached, or drifting condition, or otherwise in an
abandoned condition;
(5) Inoperative or inoperable; or,
(6) In an abandoned condition.
(i) Noxious Weeds weeds means ragweed, thistles, poison ivy, poison oak,
phragmities within 50 feet of an occupied dwelling and other plants capable of causing
skin reactions upon contact or producing severe allergic respiratory reactions.
(j) Nuisance means that which is defined by the statutes of the State of Ohio
and declared thereby to be a nuisance, and also includes conditions dangerous to human
life or detrimental to the health of persons on or near the premises where the conditions
exist, and where the conditions are perilous by active and negligent operation thereof,
Law Director
11/08/17

ORDINANCE NO. 17-O-117
EXHIBIT “A”
Page 2 of 3

and unsanitary conditions or any offensive to the sense or dangerous to health.
(k) Occupant means any person over one year of age living and sleeping in a
dwelling
unit or having actual possession of said dwelling unit or any person who leases or rents a non-
residential building, structure, or any portion thereof.
(l) Open and Public View means not enclosed within an attached and/or detached
garage or accessory structure.
(m) Owner means any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without the accompanying
actual possession thereof; or shall have charge, care or control as owner or agent of
the owner; or as executor administrator, trustee, receiver or guardian of an estate, or as a
mortgagee in possession.
(n) Person includes means any individual, corporation, association, partnership,
trustee, lessee, agent or assignee.
(o) Premises means a lot, plot or parcel of land, including the buildings or
structures thereon.
(p) Rank Vegetation vegetation means any growth of weeds or grass to a height
greater than eight (8) inches on the average.
(q) Refuse means all putrescible and nonputrescible solid wastes (except body
wastes) including, but not limited to garbage, rubbish, ashes, dead animals, and
industrial wastes; an accumulation of brush, broken glass, stumps, and roots that present
a safety hazard, and includes garbage, trash and debris which present an unsanitary
and/or safety hazard.
(r) Responsible Official means the individual duly authorized by the City
Manager to administer and enforce the provisions of this chapter, and his designated
agents.
(s) Rubbish means nonputrescible solid wastes consisting of both combustible
and non-combustible wastes such as paper, wrappings, tin cans, yard clippings,
leaves, wood, glass, crockery, plastics, and similar materials.
(t) Target Zone means an area where people, property or activities could be
injured, damaged or disrupted by a falling tree or branch.
(u) TRAQ (Tree Risk Assessment Qualification) Qualified means an
International Society of Arboriculture (ISA) qualification program that trains arborists
how to use the methodologies outlined in the ISA Best Management Practices for Tree
Risk Assessment. This qualification is found to promote the safety of people and
property by providing a standardized and systematic process for assessing tree risk.
(v) Tree of Risk means a tree or parts of a tree that because of death, defect
and/or disease has the likelihood of falling and impacting a target zone thereby posing a
risk of personal injury, property damage or disruption of activities.
(w) Unlicensed means any vehicle or vessel that does not display a valid license
plate or registration.
(x) Vehicle means a device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, except for devices designed to be moved
by human power or exclusively upon stationary rails or tracks. The term “vehicle” shall
include, but not be limited to: automobiles, buses, motorbikes, motorcycles, motor
scooters, trucks, tractors, and trailers.
(y) Vessel means every description of watercraft, including nondisplacement
watercraft, multimodal watercraft, and submersibles, being used or capable of being used
as a means of transportation on water.
Law Director
11/08/17

ORDINANCE NO. 17-O-117
EXHIBIT “A”
Page 3 of 3

MAINTENANCE OF PREMISES
1349.16 PREMISES TO BE MAINTAINED.
(a) No owner or occupant of any premises shall maintain or permit to be maintained at
or on the exterior property areas of such premises any of the following unless
specifically authorized by a valid zoning or conditional use permit:
(1) Broken or dilapidated fences, walls or other structures;
(2) Out-of-use or non-usable appliances and vehicle or vessel automobile parts;
(3) Broken, dilapidated or unusable furniture, mattresses or other household
furniture, broken glass, plastic materials, paints, miscellaneous coverings
and/or any other materials, including those described in this section, placed
at or on the premises in such a manner as to be patently unsightly, grotesque
or offensive to the senses;
(4) Any unlicensed or junk vehicle or vessel;
(5) More than one inoperable vehicle.