(a) In the interpretation and enforcement of this section the following definitions shall apply:
(1) "Used building materials" means any materials including but not limited to wood, stone, plaster, brick, cement blocks, crating, aluminum products, all kinds of shingles or any compositions thereof, which have been used previously for erection or construction of a building by any person.
(2) "Junk" means but is not limited to any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material that can be used for its original purpose as readily as when new without further conditioning, which article or material is unaltered or unchanged shall not be considered junk.
(3) "Rubbish" means and includes but is not limited to wire, chips, wood shavings, bottles, broken glass, crockery, cast or wooden ware, boxes, rags, clothing, dead weeds, stumps, tree trunks, brush pipe, paper, circulars, hand bills, shoes, boots, ashes, scrap metal, scrap aluminum, tin cans, rope, rubber tires, or any waste material other than garbage or animals products.
(4) "Offensive materials" includes dead or decaying vegetable matters, whether formerly growing on the lot or premises or placed thereon, manure or fertilizer, which has remained on the premises for more than three months, ashes, straw, animal products, or other annoying materials.
(5) "Trash" means primarily worthless or discarded materials or objects, refuse, or rubbish.
(b) It shall be unlawful and declared to be a nuisance per se, to deposit, store, maintain or collect used building materials, junk, rubbish, or offensive materials within the Village, except as hereinafter provided.
(c) Whenever any of the materials or articles herein defined and set forth are deposited, stored, maintained or collected on any premise for a period of more than thirty days, it shall constitute a violation of this section and shall subject the owner, lessee or tenant in charge thereof, to the penalties herein set forth.
(d) Whenever any of the materials herein defined, excepting manure, dead or decaying vegetable matter, or animal products are placed, stored, or allowed to remain on any premises within the Village and the same are placed or stored in a building or structure, or the same are placed on premises which are surrounded by a solid opaque fence, painted white, at least eight feet (8') high and with a gate made of the same construction and height not more than twelve feet (12') wide which completely enclosed the materials therein with both the fence and gate not being more than six feet (6') above ground level; then those materials ( excepting manure, dead or decaying vegetable matter, or animal products) may remain therein, so long as they do not become a breeding place for rodents or other unhealthy or harmful animals or insects.
(e) Whenever a violation of this section is noted by a Village law enforcement officer, such officer shall issue a written order on a form prescribed by Village Council or on such other form that sufficiently communicates the violation, directing the owner, agent, lessee, and/or person in charge of said premises, that a violation of this section exists and such violations must be corrected within ten (10) days after date of issuance of the written order.
(f) Upon the expiration of the ten (10) days set forth in subsection (e), and the failure to correct the violation noted on such written order, any owner, agent, lessee, and/or tenant in charge of the premises shall be fined not less than fifteen dollar ($15.00) nor more than fifty dollars ($50.00) for each offense. Each day's violation shall constitute a separate offense. Liability of the premises owner, agent, lessee, tenant, and/or other person in charge of the premises shall be joint and several.
(g) It shall be unlawful and declared to be a nuisance per se, to deposit, store, or collect trash in any location within the corporate limits of the Village, without maintaining the trash within a container at which shall be sealed by means of a lid, for a period not to exceed twenty-four (24) hours.
(1) Whenever a violation of this section is noted by or reported to Village law enforcement officer, such officer shall issue an order to the owner, agent, lessee, and/or person in charge of said premises, that a violation of this section exists and such violation must be corrected within twenty-four (24) hours after issuance of the order.
(2) Upon expiration of the twenty-four (24) hours immediately following issuance of the order without correction of the violation noted on such order, owner, agent, lessee, and/or person in charge of said premises shall not be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Each twenty-four-hour period shall constitute a separate offense. Liability of the premises owner, agent, lessee, tenant, and/or other person in charge of the premises shall be joint and several.
(3) If any owner, agent, lessee, and/or person in charge of said premises does not comply with remediation of the violation that is the subject of the order within five (5) days following the expiration of the twenty-four (24) hour period for compliance, the Village or its agent may cause said trash to be removed to bring the said property in compliance. If said trash is an emergency to safety or presents a health hazard, the Village or its agent shall act immediately to cause the trash to be removed. The Village shall cause the cost thereof to be assessed against the property found to be in violation and/or secure collection from any owner, agent, lessee, and/or person in charge of said premises.
(Ord. 2022-01. Passed 2-14-22.)