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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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My city sent out someone to cut my grass, granted it was high

Customer Question

my city sent out someone to cut my grass, granted it was high but I got a third done when they came. they had started, didn't cut any grass but trimmed. while trimming they did my flower beds and killed all my ground cover(no higher than 4 inchs) a blueberry bush, 2 rose bushes and 3 rodadmerums(sry on the spelling. do I have ant recourse on the flowers?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
The answer depends on what your city laws state with regard to these matters.
Which city is your property located in?
As a general rule the government accepts no responsibility for anything. It is worth taking a look at the law.
Customer: replied 1 year ago.
Toledo,ohio
Expert:  Attyadvisor replied 1 year ago.
Let me take a look at I will get back to you.
Expert:  Attyadvisor replied 1 year ago.
I found the law that governs grass. Your City is a little over zealous when it comes to grass.
http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/toledomunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:toledo_oh
Under the code the city is permitted to cut your grass if it exceeds the number of inches allowed.
You were required to receive notice pursuant and needed to comply within the period notice period.
How tall was your grass and were you past the period provided in the letter from the city?
Customer: replied 1 year ago.
I dint receive the letter. no idea what happened to it. grass was tall like grass was like 5 but the seed stalks were like 8-9.
Customer: replied 1 year ago.
I was told they sent out an inspector before they tried to cut it
Expert:  Attyadvisor replied 1 year ago.
The city is not following the required procedures and that makes a difference.
955.01. Requirement to cut weeds.
(a) The following conditions provide harborage and breeding grounds for pests that are an immediate threat to human health, are therefore declared to be nuisances which shall be removed or abated from any property on which they are found:
(1) Grass over eight (8) inches in height;
http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/toledomunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:toledo_oh
You were required to receive notice pursuant to
955.02. Notice to cut weeds.
(a) Upon determination of the Director of Inspection that noxious weeds and/or grasses are growing on lots and lands within the City and are about to spread or mature seeds, the Director of Inspection may cause a notice to be mailed to the last known address of the owner of each parcel of land or cause a notice to the owners of such lots or lands to be served upon such owner or owners by publication of the notice once a week for two consecutive weeks in a newspaper of general circulation within the City, notifying such owner or owners that such noxious weeds and/or grasses are growing upon such lots or lands and that they must be cut and destroyed within five days after completion of publication. The aforesaid publication shall be sufficient if addressed generally to all such owners and shall be complete on the date of the second publication.
http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/toledomunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:toledo_oh
If the proper notice had been provided by the city had the right to come onto your property and cut the grass. They would not have the right to act in a negligent manner.
In your case your grass was below the height required and the city did not provide the proper notice and therefore you have a case.
That being said, if the city was negligent in the process if mowing your lawn you can file a complaint to be reimbursed for the cost of replacing your flowers and or bushes.
What I find a little disturbing is that you were in the process of mowing the lawn when this occurred and no one will return your calls. Your Mayor and council members are elected officials. You may wish to let the Mayor know that your phone calls were left unanswered at http://toledo.oh.gov/government/mayors-office/
Depending on the district that you are in your would contact your city council person at http://toledo.oh.gov/government/elected-officials/
http://toledo.oh.gov/services/plan-commission/codes/
If the city does not take responsibility for the damages they caused you may wish to contact a land use attorney to write a letter on your behalf. I have found that a letter from an attorney to the city to be an amazing motivator.
Many land use attorneys provide free consultations http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/toledo/ohio
If you have any additional questions please do not hesitate to let me know.
If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.
Expert:  Attyadvisor replied 1 year ago.
"Depending on the district that you are in YOU would contact your city council person at http://toledo.oh.gov/government/elected-officials/"
Sorry for my typo.
Thank you again for using JA!
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to see if the information I provided was helpful? Please let me know.
Thank you.

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