(A) Definitions. For the purposes of this section, the words and phrases defined hereunder shall have the meanings respectively described to them.
GARBAGE AND OFFAL. All refuse and waste of animals, fish, fowl, fruit, and vegetable matter, and any other material or materials so designated by the Auglaize County Board of Health or the State of Ohio, which accumulated in the use and preparation of food for the table, either commercially or for family purposes, that has been discarded or abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption, and shall also include all refuse arising from dealing in, sorting of, or preparation of the aforesaid substances.
LITTER. Any garbage, waste peelings of vegetables or fruits, rubbish, ashes, cans, glass or plastic bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
REFUSE. Any matter as was either in fact noxious or has been refused and abandoned by its owner as worthless.
RUBBISH. Wire, wood, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, branches from trees or shrubs, paper circulars, handbills, cardboard, boots, shoes, ashes, or any other waste materials other than garbage or offal.
SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof whether covered with porcelain, or other materials such as used household appliances or water heaters, whether intact or in parts which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
USED BUILDING MATERIALS. Any materials such as wood, railroad ties, stone, brick, cement blocks, or any composition or combination thereof used or useful in the erection of any building or structure which have been used previously for erection or construction by the same person or other persons.
(B) Declaring a nuisance.
(1) It shall be unlawful and hereby is declared a nuisance for any owner, occupant, or other person or entity having control of property located within the boundaries of the Village of Cridersville, Auglaize County, Ohio to store, place, or allow to remain on lands located in the village any garbage and offal, litter, refuse, or rubbish.
(2) It shall be unlawful and hereby is declared a nuisance for any owner, occupant, or other person or entity having control of property located within the boundaries of the Village of Cridersville, Auglaize County, Ohio to store, place, or allow to remain on lands located in the village any scrap metal or used building materials unless the same are contained within a building or fully enclosed structure on the land.
(3) No garbage or offal shall be permitted or remain exposed in any building or on any premises for a period of time longer than shall be reasonably necessary to remove and deposit the same in a proper waste container of substantial weatherproof construction with a tight fitting lid.
(4) It shall be the duty of any owner, occupant, or other person or entity having control of the property producing or having garbage or offal to cause it to be removed from their premises by persons properly authorized to remove such garbage or offal as permitted under the regulations of the Auglaize County Board of Health and the Ohio Environmental Protection Agency.
(C) Notice requirements; procedure when fail to comply with notice.
(1) Notice shall be given to an owner, occupant, or other person or entity having control of a lot or parcel of land located within the Village of Cridersville by the Village Administrator, the Chief of Police, or their designee to immediately remove garbage and offal, litter, refuse, rubbish, scrap metal, or used building materials on the subject premises. Such notice shall be in writing, delivered by registered or certified mail, personally, or by posting to the land where the violation occurred. Should the address of the record owner be unknown and the premises be unoccupied it shall be sufficient to publish the notice once in a newspaper of general circulation within Auglaize County, Ohio. The owner, occupant, or other person or entity having control of the property shall remove the offending materials within 15 days of receipt of notice or of publication, whichever is applicable.
(2) Should such property owner, occupant, or other person or entity having control of the property fail to remove the offending materials in the 15-day period the owner, occupant, or other person or entity with control of the property shall be issued a criminal citation for violating the requirements of this section.
(D) Penalty. Whoever violates any provisions of this section for which another penalty is not already provided shall be fined not more than $100. Any owner, occupant, or other person or entity with control of the property who has received a notice in accordance with division (C) of this section shall be considered in criminal violation of this section should they subsequently violate division (C) of this section regardless of whether they comply with the notice requirements contained in division (C). Any such violation of this section shall constitute a separate offense on each successive day continued.
(Ord. 1490, passed - -; Am. Ord. 1687, passed 4-8-2019)