(a) Common Law and Statutory Nuisances. In addition to what is declared in this section to be a public nuisance, those offenses which are known to the common law and the statutes of Ohio as public nuisances may, in case any thereof exist within the Village limits, be treated as such and be proceeded against as is provided in this section or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this section it referes to a public nuisance.
(b) Abatement of Nuisances.
(1) In any case where a nuisance is found to exist, the Village Administrator shall serve notice upon the owner or occupant of the premises where such nuisance exists, or upon any other person so causing such nuisance, to abate the nuisance within a reasonable time. In determining a reasonable time the Director shall take into consideration the degree of threat to the public health, safety and welfare and the means required to abate such nuisance. It shall not be necessary for the Director to designate in the notice the manner in which any such nuisance shall be abated unless the Director deems it advisable to do so. However, the Director shall indicate in the notice the date within which the nuisance must be abated.
(2) If the owner, occupant or other person served with a notice to abate the nuisance refuses or neglects to abate the nuisance within the designated time after notice is given, such person shall be subject to the penalties provided in subsection (g) hereof. In addition, the Director may cause such nuisance to be abated in any manner authorized by law, including the institution in the name of the Village, against the owner, occupant or other person, of an action for the recovery of the amount of expense of such abatement.
(3) The Village Administrator shall notify the Clerk of the cost of abating any nuisance. The Clerk shall notify the owner, occupant or other person against whom the abatement proceedings were brought as to the cost of abatement. If such cost is not paid by the owner within thirty days, the proper officers of the Village shall proceed to collect the same either by causing such costs to be placed on the tax duplicate or by suit.
(4) The requirement for service of notice under the provisions of subsections (b)(1) and (3) hereof, may be complied with by the mailing of such notice by registered or certified mail to the last known address of the person sought to be notified or by personal service of such notice by any police officer so directed.
(c) Inspections. For the purpose of carrying the provisions of this section into effect, it is hereby made the duty of all officers and employees of the
Village
to report the existence of nuisances to the
Village Administrator
. The Police Department, Fire Department or other employees designated by the Director shall be permitted to visit, enter into or upon any building, lot, grounds or premises, within the
Village
to ascertain and discover any such nuisances and to make examinations thereof.
(d) Certain Conditions Declared to be Nuisances. The following conditions within the
Village
constitute and are hereby declared to be nuisances:
(1) Dwellings unfit for human habitation. The erection, use or maintenance of a dwelling which is unfit for human habitation. "Dwelling" includes any part of any building or its premises used as a place of residence or habitation or for sleeping by any person. A dwelling is unfit for human habitation when it is dangerous or detrimental to life or health because of want of repair, defects in the drainage, plumbing, lighting, ventilation or construction, infection with contagious disease or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling.
(2) Dangerous buildings adjoining streets. Any building, house or structure which becomes so out of repair and dilapidated that it endangers the life, limb, health or property of persons using or being upon the streets or public ways of the Village adjoining such premises, by reason of the collapse of such building, house or structure or by the falling of the parts thereof or objects therefrom.
(3) Dangerous trees, stacks, etc., adjoining street. Any tree, stack or other object which remains standing upon any premises in such condition that it endangers the life, limb or property of persons upon the public street or public ways adjacent thereto, by the falling thereof or of parts thereof.
(4) Dilapidated buildings. Any building, house or structure which becomes so out of repair and dilapidated that it constitutes a fire hazard or that due to lack of adequate maintenance or neglect that it endangers the public health, welfare or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property.
(5) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire; its attracting and propagating vermin, rodents or insects; or its blowing into any street, sidewalk or property of another. The owners or those being in charge of business establishments whose patrons purchase goods or services from their automobiles, shall furnish sufficient covered receptacles for the deposit of wastes created in the operation of such business and shall clean up such wastes as are not deposited in receptacles at the close of business of each day, or if such business operates continuously, at least once each day, and whenever weather conditions are such that waste from the operation of the business is being blown to adjoining premises.
(6) Noxious odors or smoke. There emits from premises into the surrounding atmosphere such odors, dusts, smoke or other matter as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.
(7) Noise. There emits from premises noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comforts of human existence.
(8) Storage of explosives or combustible material. There is stored on the premises such combustible or explosive material as to create a safety hazard to other property or persons in the vicinity.
(9) Open wells. The maintenance of any open or uncovered, or insecurely covered, cistern, cellar, well, pit, excavation or vault situated upon private premises in any open or unfenced lot or place.
(10) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than fourteen feet clearance over streets or less than eight feet, over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of twenty feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of twenty feet from the point where the curb line of any street intersects with the curb line of another street. No tree of the Poplar family shall be planted.
(11) Dressing poultry. The dressing of poultry within Municipal limits for wholesale, or retail, unless at the end of each day the debris made in the dressing of the same shall be removed to some point beyond Municipal limits and destroyed.
(Ord. 465. Passed 1-17-66.)
(12) Junk, scrap metals, motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automotive parts or scrap metal within the Village limits.
A. "Motor vehicle in an inoperative condition" means and includes any style or type of motor driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
B. "Motor vehicle unfit for further use" means and includes any style or type of motor driven vehicle used for the conveyance of persons or property which is in dangerous condition, has defective or missing parts, or is in such condition generally as to be unfit for further use as a conveyance.
C. "Automotive parts" means and includes any portion or parts of any motor vehicle as detached from the vehicle as a whole.
D. "Scrap metal" means and includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether intact or in parts, which has served its usefulness in its intended form and can no longer be used or useful for its originally intended purpose.
(Ord. 1583. Passed 10-18-89.)
(13) Leaving of written material of any type upon residential property within this Village without the written consent of the property owner, tenant or person lawfully in possession of the property.
(Ord. 3089. Passed 3-24-14.)
(e) Test for Nuisance. Whether or not a particular annoyance, of the character listed in subsection (d) hereof, constitutes a nuisance shall depend on its effect upon persons of ordinary health and average sensibilities, and not its effect upon persons who are delicate or supersensitive, or whose habits, tastes or conditions are such that they never are sensitive to any annoyance.
(f) Nuisance Created by Others. For the purposes of this section, it shall not be essential that the nuisance be created or contributed to by the owner, or tenants, or their agents, or representatives, but merely that the nuisance be enacted or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care, the owner or operator, ought to have come aware of.
(Ord. 465. Passed 1-17-66.)
(g) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree for a first offense. Whoever is guilty of a subsequent violation of this section is guilty of a misdemeanor of the first degree.