(a) Definitions:
(1) “Garbage” herein means all refuse accumulations of any fruit or vegetable matter that attended the preparation, use, work dealing in all storage of meat, fish, fruits or vegetables or containers originally used for food stuffs.
(2) “Waste” means such unwanted residual solid or semi-solid material as results from industrial, commercial, agricultural, residential, and community operations, excluding earth or material from construction, mining or demolition operations and slag and other substances which are not harmful or inimical to public health, and includes garbage, combustible and non-combustible material, putrescible and non-putrescible wastes, street dirt and debris.
(3) “Rubbish” means all other refuse except rocks, concrete blocks, and similar solid material, plaster or dirt.
(4) “Refuse’ herein means garbage, rubbish or both.
(5) “Junk” herein means any worn-out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversation to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
(6) “Identifying material” herein means any matter or material of any kind or description that contains names, addresses, serial numbers, or other information from which the identity of an individual can be ascertained.
(7) “Litter” as used herein means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature, thrown, dropped, discarded, placed or deposited by a person on public property, on private property not owned by him, or in or on waters of this State.
(b) No person shall, place or dispose of in any manner, upon any public property, property or premises of another, or his own property or premises, material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort, or safety.
(c) No person shall cause or allow trash, garbage, waste, rubbish, refuse, or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt, or render unwholesome or impure, any natural watercourse.
(d) No person shall, regardless of intent, throw, drop, discard, place or deposit litter or any obnoxious, unsanitary, unsightly debris or refuse, or cause the same to be thrown, dropped, discarded, placed, or deposited on any public property, on private property not owned by him, or in or on waters of this State.
(e) Upon receipt of a report of a violation of this section by a law enforcement agency, the law enforcement agency shall conduct an investigation to attempt to determine the identity of the violator. The fact that any garbage, litter, waste, rubbish, refuse, junk, paper or other material placed, disposed of, dropped, thrown, or discarded in violation of this section contains three (3) or more pieces of identifying material shall be presumed to be discarded, at the location at which it was found, by the person whose name appears on said identifying material.
(f) This section may be enforced by any law enforcement officer within his jurisdiction.
(g) Notice to Remove Litter; City Services; Charges.
(1) Upon a finding by City Council that litter, garbage, waste, rubbish, refuse, or any other material has been placed on lands within the City, and has not been removed, and constitutes a detriment to the public health, the City Manager shall cause a written “Notice of Violation” to be served upon the owner and, if different, upon the lessee, agent, or tenant having charge of the littered land, notifying them that litter or other deleterious material is on the land and that it must be collected and removed within 48 hours after the service of notice. If an emergency exists, as determined by City Council, notice may be given for a compliance period of less than 48 hours for such collection and removal.
(2) The City Manager or his designee may make personal or residential service and return of the notice provided for in this section.
(3) If the address of the owner or the other person having charge of the land is known, the notice may, in the alternative, be sent to his address by certified mail. If the certified mail is returned with an endorsement showing the refusal or unclaimed, service of the notice may be made by ordinary mail. A certificate for proof of mailing shall be sufficient to show such service by ordinary 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.
(4) In addition to the service methods indicated in subsections (2) and (3) herein, the notice may be posted on the outside of the door of the main entrance to the residence located on the lot or parcel of land.
(5) Only one (1) notice per calendar year under subsections (1), (2), (3) or (4) or (5) is required for a lot or parcel. If after a notice has been served in accordance with this section, the City Manager, or his designated agent, determines that a subsequent violation has occurred, the City may proceed with the remedy set forth in Section 521.08(g)(6) without further notice.
(6) If the owner, lessee, agent, or tenant having charge of such lands fails to comply with the notice, the City Manager shall cause such litter, garbage, waste, rubbish, refuse, or deleterious materials to be removed in order to abate the detriment to the public health.
(7) The fee for removal of such litter, garbage, waste, rubbish, refuse, or deleterious materials by City personnel and equipment shall be at the rate of one hundred fifty dollars ($150.00) per hour with a minimum charge of one hundred dollars ($100.00). In addition to the rate for City personnel and equipment, other miscellaneous fees, taxes, or charges required to be paid for such material to be lawfully disposed of shall be added to the fee for removal. In the event the City employs outside services for such abatement work, the fee shall be the actual cost of such contract plus fifteen percent (15%) for administration charges.
(8) The expense of the abatement shall be determined and billed to the property owner by regular mail. If the bill is not paid within thirty (30) days following the date of mailing, the Finance Director shall certify to the County Auditor the action taken under this ordinance, a statement of the charges for such action, and a proper description of the premises, for the purpose of making the same a lien upon such lands to be collected as other taxes and returned to the City General Fund in accordance with Ohio R.C. 731.54.
(h) Whoever violates subsections (b), (c) or (d) hereof is guilty of a misdemeanor of the first degree. Each day of violation shall constitute a separate offense.
(Ord. 74-03. Passed 9-8-03.)