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(a) No person shall suffer, permit or allow to exist within the City any act, thing or condition which is defined by ordinance or by the laws of the State as a public nuisance.
(b) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
The following shall be deemed to constitute a public nuisance:
(a) Erection, continuance, use or maintenance of a building, structure or place for the exercise of a trade, employment or business, either upon public or private property, which is injurious to the health, comfort or property of individuals or of the public;
(b) Keeping or feeding of any animal which by causing noxious or offensive odors or excessive noise becomes injurious to the health, comfort or property of individuals or of the public;
(c) Suffering, permitting or allowing to exist a junk vehicle upon public or private property for more than thirty days without being stored in a totally enclosed building or other structure. "Junk vehicle" means a former motor vehicle which is so dismantled, damaged, destroyed or changed that it physically is no longer a motor vehicle, or is incapable of performing as a motor vehicle, or is not the motor vehicle described in the purchaser's certificate of title.
(d) Suffering, permitting or allowing to remain garbage or offal, which shall include all refuse and waste of animals, fish, fowl, fruit, vegetable matter or other accumulations in the use and preparation of food, or which has been discarded or abandoned and is of no use to the owner for domestic consumption.
(e) Suffering, permitting or allowing to remain rubbish, refuse or junk, which shall include, but shall not be limited to, wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, weeds, paper, clothing or ashes or discarded or abandoned iceboxes, refrigerators or other household appliances, or inoperative machinery, or airtight or semi-airtight containers, or any other waste material upon public or private property.
(f) Suffering, permitting or allowing to remain building materials if such building materials are not removed or utilized in construction within thirty days after such materials are placed upon a premises. However, if construction is proceeding toward completion in a regular and consistent manner, such building materials which are to be used in the construction may remain upon such premises for a period not to exceed thirty days after completion of construction.
(Ord. 185-64. Passed 8-2-64; Ord. 259-66. Passed 3-9-66.)
Whenever a public nuisance exists, the Zoning Enforcement Officer or Director of Public Safety shall cause the owner, tenant or person in charge of property upon which such public nuisance exists, to be served with a notice to abate the public nuisance on or before fifteen days after receipt of such notice. For this purpose, notice shall consist of the mailing of a notice to abate to the owner, tenant or person in charge of the property by certified mail, return receipt requested, or by personal service, or by posting the notice to abate in a conspicuous place upon such property for a period of five days.
(Ord. 259-66. Passed 3-9-66; Ord. 61-01. Passed 5-14-01.)
Whenever a public nuisance exists, the City may institute proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of laws against public nuisances. This section shall not relieve any person from criminal prosecution under the ordinances of the City or the laws of the State.
(Ord. 259-66. Passed 3-9-66.)
(a) Council hereby declares excess growth of weeds or grasses to be a public nuisance as provided in this chapter and authorizes and directs the Director of Public Service to take actions under the following terms:
(1) The owner, occupant or person having the charge or management of any lot or parcel of land situated in the City, whether the same is improved or unimproved, vacant or occupied, shall, within five days of written notice to do so, served upon him or her in conformity with Ohio R.C. 731.52, cut or destroy or cause to be cut or destroyed any weeds or grasses growing upon any such lot or parcel of land, and prevent the same from blooming or going to seed or exceeding a height of eight inches.
(2) If the owner, occupant or person having the charge or management of any lot or parcel of land situated in the City does not cut or destroy, or cause to be cut or destroyed, weeds or grasses in accordance with this section, then the Director of Public Service is authorized and it is declared to be his or her duty to have enforced this section and to cause to be cut and removed all such weeds or grasses.
(3) Whenever weeds or grasses are cut and/or removed, or caused to be cut and/or removed, by the Municipality, then, after the work is done, the Municipality shall give five days notice by regular mail to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such cutting and/or removal of weeds or grasses or parts thereof. Such notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty days after the mailing of such notice, then the amount shall be certified to the County Auditor for collection in the same manner as other taxes and assessments are collected.
(b) This section shall not apply to lands which are used for agricultural or horticultural purposes or parcels of land left vacant outside of developments.
(c) Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 108-89. Passed 11-13-89; Ord. 162-98. Passed 9-14-98; Ord. 128-09. Passed 11-9-09.)