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(a) No person shall place or dispose of, in any manner, any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil, hazardous waste or commercial waste, or anything else of an unsightly or unsanitary nature on any City owned, controlled or administered land, or in any ditch, stream, river, lake, pond, or other watercourse, except those waters which do not combine or effect a junction with natural surface or underground waters, or upon the bank thereof where the same is liable to be washed into the water either by ordinary flow or floods. This section does not apply to any substance placed under authority of a permit issued under Ohio R.C. 6111.04 or exempted by such section from its terms. (ORC 1531.29)
(b) No person not a resident of the City shall bring trash or waste into the City and place it on any public or private property for collection by the City Department of Public Service or a refuse collection contractor hired by the City.
(c) Whoever violates subsections (a) or (b) hereof is guilty of a misdemeanor of the third degree. (Ord. 2020-54. Passed 12-7-20.)
(a) No property owner or person in charge of premises shall maintain or cause to be maintained a compost pile within the City except in full compliance with the provisions of this section.
(b) Definition. As used in this section, "compost pile" means any outdoor pile of organic waste matter permitted to decompose for use on the property where the compost pile is maintained.
(c) Ingredients. A compost pile may consist of combinations of leaves, grass clippings, garden plants and vegetable trimmings, fruit and vegetable matter, nitrogenous based chemicals or fertilizers, lime and water. A compost pile shall not have within it any carnivorous animal manure, vegetable substances other than those specifically permitted herein, cooked kitchen waste, grease, meat, bones and fats or other food scraps.
(d) Formation. A compost pile shall be started at ground level and shall be layered in alternate layers of six to twelve inches separated by nitrogen-based chemicals and/or fertilizers and/or lime, and no such pile shall exceed five feet in height above ground level. Compost piles may also contain layers of soil and herbivore manure. Each compost pile shall be fully enclosed with a fence or other enclosure and shall be completely turned, top to bottom, at least monthly, except between November and March of each year. Composting may also be done within a wholly confined commercial composter.
(e) Location. All compost piles shall be located on the property of the owner or other person lawfully in charge of the property or premises, at least five feet away from any property line, and no closer than thirty feet to any adjoining residential structure, on or off the lot.
(f) Noxious Odors. Compost pile shall be maintained in a manner so as not to cause any offensive or noxious odors.
(g) Removal. Any compost pile in the City which is found to be in violation of these regulations shall be completely removed within seven days after receipt of a written notice from the City to the owner or other person lawfully in possession of the property in which the compost pile is located. Failure to remove a compost pile pursuant to such a notice shall be deemed a criminal violation of this section.
(h) Noncompliance; Remedy of City. If such property owner or other person lawfully in charge of the premises upon which the compost pile is located neglects or refuses to obey such notice as provided for hereinabove, then the Director of Public Service or a properly authorized employee or agent of the Director or Department of Public Service shall be and is hereby authorized to bring the compost pile into compliance or remove the compost pile at the expense of such owner or other person having charge thereof. All expenses incurred by the City for removal and disposition of a compost pile, together with an administrative charge of fifty dollars ($50.00) for each such removal, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner and/or person in charge of the property from which the compost pile was removed. If, after thirty days, such amount remains unpaid, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the Cuyahoga County Auditor to be entered upon the tax duplicate to be a lien on the land from the date of entry, and to be collected as other taxes and assessments, and returned to the City pursuant to Ohio Revised Code, Section 731.54.
(i) Penalty. Any person violating any provision of this section is guilty of a minor misdemeanor upon a first offense, and a fourth-degree misdemeanor upon being found guilty of any subsequent offense.
(Ord. 2020-54. Passed 12-7-20.)
The existence, upon any lot or parcel of land within the City, of refuse that is not in conformance with this Chapter is a threat to the health, safety and welfare of the community and is declared a nuisance. Upon discovery of a nuisance, the Director of Public Service, or a designee, shall place written notice upon the property adjacent to the nuisance. The notice shall set forth the nature of the nuisance; the estimate of the cost of abating the same; a direction that the nuisance be abated within twenty-four hours and the statement that unless the nuisance is abated within twenty-four hours it may be abated by the City and the cost of abatement assessed to the real estate involved, and that the City may, if the nuisance is not so abated, in addition to such assessment, prosecute the owner for failure to comply with the direction of the Director of Public Service. (Ord. 2020-54. Passed 12-7-20.)
Any person, firm, corporation or other entity which violates any provision of this chapter, or rule or regulation promulgated and published pursuant to Section 321.01 for which no other penalty has been specifically provided is guilty of a minor misdemeanor on a first offense and a fourth-degree misdemeanor upon any subsequent offense.
(Ord. 2020-54. Passed 12-7-20.)