(A) The village prohibits the discarding of litter on public or private property. The definition of LITTER is, “garbage, trash, waste, rubbish, peelings of vegetables or fruits, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, wagons, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person.”
(B) Upon a finding by Village Administrator, that litter has been placed on lands within the village, has not been removed, and constitutes a detriment to public health, the Village Administrator may cause written notice to be served upon the owner and, if different, upon the lessee, agent, or tenant having charge of the littered land, notifying him that litter is on the land and that it must be collected and removed within 15 days after service of the notice.
(C) If the owner or other person having charge of the land is a nonresident of the village whose address is known, the notice shall be sent to his or her address by certified mail. If the address of the owner or other person having charge of the land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the county.
(D) This section does not apply to land being used under a municipal building or construction permit or license, a municipal permit or license, or a conditional zoning permit or variance to operate a junkyard, a scrap metal processing facility, or similar business, or a permit or license issues pursuant to R.C. Chapter 3734, R.C. §§ 4737.05 through 4737.12 or R.C. Chapter 6111.
(E) If the owner, lessee, agent or tenant having charge of the lands mentioned fails to comply with the notice required to remove litter, the Village Administrator shall cause the litter to be removed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by Council, be paid out of the money in the treasury of the village not otherwise appropriated.
(F) The Fiscal Officer shall make a written return to the County Auditor of its action with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving the notices, and proper description of the lands. These amounts, when allowed by Council, shall be entered upon the tax duplicate and shall be a lien upon such lands from and after the date of entry and collected as other taxes and returned to the General Fund.
(Ord. 1575-11, passed 6-14-2011)