660.18 STORAGE OF RUBBISH, JUNK AND JUNK VEHICLES.

   (a) As used in this section:

      (1)   "Junk" means any worn out, cast off or discarded article which is ready for destruction or has been collected or stored for salvage or conversion to some other use.

      (2)   "Junk vehicles"means any motor vehicle that can no longer be used as a motor vehicle, in its present condition, on a public street or highway, or which is apparently inoperable, or any motor vehicle not currently licensed by the State located on private or public property, or any “abandoned junk motor vehicle” as defined in Ohio R.C. 4513.63.

Portions of junk vehicles such as hoods, fenders, radiators, motors, etc., not being utilized for the repair of a motor vehicle shall be considered     junk.

      (3)   "Rubbish" means and includes wire, chips, sawings, bottles, broken glass, crockery, cast or wooden ware, boxes, rags, dead weeds, stumps, tree trunks, brush, pipe circulars, handbills, shoes, boots, ashes or any waste material other than garbage or offal.

      (4)   "Owner" means the person in whose name premises are listed in the record of deeds and recorded in the County Recorder's office.

      (5)   "Notice" means a letter stating the manner in which this section is being violated, the description and/or location of the premises, the name of the owner and tenants, if any, of such premises, and the period of time within which the violation of this section shall be abated. Such letter shall be signed by the Director of Public Service or Safety, the Chief of Police or the Director of Planning, Zoning and Building of the City.

   (b)   No person shall deposit, store, maintain, collect or permit the storage, deposit, maintenance or collection of any junk, rubbish, junk vehicles or any junk vehicle parts on the premises, or any premises owned or used under the control of such person. Maintenance of items which are described under this section as "junk", "junk vehicles" and/or "rubbish" shall be considered a nuisance under these regulations and the nuisance shall be abated by their removal from the premises for disposal in a licensed land fill or other legal means of disposal outside the City. Maintenance of items which are described under this section as "junk" and/or "junk vehicles" shall not be held to violate this section, so long as they are stored in a fully enclosed, permanent building. It shall no longer be sufficient for items described as "junk" and/or "junk vehicles" to be maintained under a cover, whether cloth or otherwise.

   (c)   Except as otherwise provided in Section 303.08 and 303.09 , any person violating this section shall, within fifteen days after notification of such violation by the Director of Public Service or Safety, the Chief of Police or the Director of Planning, Zoning and Building, remove or cause to be removed any junk, junk vehicles and rubbish. Junk and/or junk vehicles may be placed in a fully enclosed, permanent building. In the event of failure to do so, such person shall be deemed guilty of violating the provisions of this section. Such notice as is hereinabove provided shall be served upon the owner or tenant, if there is such, by certified mail or by an officer of the Division of Police. The fact that the premises in question are rented or leased by the owner to another party shall not release the owner from the responsibilities herein.

   (d)   In the event such person found to be violating this section fails to remove such junk, junk vehicles or rubbish or in the case of junk or junk vehicles fails to have the same placed in a fully enclosed permanent building in accordance with the notice aforesaid, then the Director of Public Service or Safety, the Chief of Police or the Director of Planning, Zoning and Building shall enforce this section by removing such junk, junk cars vehicles or rubbish from the premises to such place as the Mayor may designate as appropriate for storing or disposing of the same. This remedy is in addition to the penalty provided in subsection (e) hereof.

   (e)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for each subsequent offense. A separate offense shall be deemed committed each day such violation continues beyond the period stipulated in the notice. Storage charges and charges for the removal or towing of junk, junk vehicles and/or rubbish shall constitute a lien against such junk, junk vehicles and/or rubbish in favor of the City which should be repaid from the disposal wherever such recovery may be had.

(Ord. 2013-019. Passed 2-25-13.)