8. ORDINANCE 02-2026 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to amend Chapter 1775, Weeds, of the Codified Ordinances of the City of Lakewood for the purpose of establishing regulations for front yard plantings. (pg. 20)
I respectfully oppose Section 1775.03 as an overreach under both the U.S. Constitution and the Ohio Constitution.
The Fifth Amendment and Article I, Section 19 of the Ohio Constitution PROTECTS private property from being taken for public use without just compensation.
Mandating landscaping setbacks from the public right-of-way imposes requirements on PRIVATE property that could shift public aesthetic goals onto homeowners.
Regulations that place significant burdens on private property or materially affect PROPERTY VALUES raise SERIOUS constitutional concerns.
The ordinance also relies on vague standards, such as “well-maintained” and “compatibility,” which could lead to ARBITRARY enforcement and due process issues.
Environmental goals can be pursued through VOLUNTARY programs or incentives, rather than through mandatory regulation of private residential property.
Section 1775.03 appears to exceed the proper scope of municipal authority and should be reconsidered.
I respectfully urge City Council to ensure that future legislation fully RESPECTS property rights under both federal and state law.
I respectfully oppose Section 1775.03 as an overreach under both the U.S. Constitution and the Ohio Constitution.
The Fifth Amendment and Article I, Section 19 of the Ohio Constitution PROTECTS private property from being taken for public use without just compensation.
Mandating landscaping setbacks from the public right-of-way imposes requirements on PRIVATE property that could shift public aesthetic goals onto homeowners.
Regulations that place significant burdens on private property or materially affect PROPERTY VALUES raise SERIOUS constitutional concerns.
The ordinance also relies on vague standards, such as “well-maintained” and “compatibility,” which could lead to ARBITRARY enforcement and due process issues.
Environmental goals can be pursued through VOLUNTARY programs or incentives, rather than through mandatory regulation of private residential property.
Section 1775.03 appears to exceed the proper scope of municipal authority and should be reconsidered.
I respectfully urge City Council to ensure that future legislation fully RESPECTS property rights under both federal and state law.