No person or entity shall cause or permit a public nuisance to be or remain in or upon any structure, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant.
As used in this Chapter, “public nuisance” means a condition that exists when:
(a) Any structure is so out of repair and dilapidated that, if it were permitted to remain, would endanger the life, limb, or property of persons or property upon the public streets or public ways adjacent thereto by reason of the collapse of such building or structure or by the falling of objects therefrom; or
(b) Any tree, stack or other object standing upon property is in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto by the falling of objects therefrom; or
(c) Any excavation or cellar upon property is unguarded or remains in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto, by falling or being cast therein; or
(d) Any accumulation of earth, rubbish or other materials which attract and propagate vermin, rodents, or insects that endanger the public health; or
(e) Any accumulation of rubbish, refuse or waste materials, including tires, that, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or materially interferes with the prevention or suppression of fire upon the premises;
(f) Any structure is so out of repair that it constitutes a fire hazard because of its condition. For purposes of this subsection, a building that is vacant, unguarded or open at doors or windows, shall be deemed a fire hazard; or
(g) There is accumulation in any structure or on any property of rubbish or other materials in an amount and in a condition that constitutes a fire hazard by reason of the likelihood of its catching on or communicating fire; or
(h) Any structure that has been damaged by a fire and is allowed to remain in such condition for at least ninety days, unless the Fire Chief has approved, in writing, a plan and timeline for reconstruction of the structure; or
(i) The conduct of any activity on any property which by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of owners or occupants of a proximate property; or
(j) The presence on any premises of a botanical species classified as a noxious weed by the Ohio Department of Agriculture that exceeds ten inches in height or that, regardless of height, is spreading or about to spread mature seeds; or,
(k) The presence on any premises of turf grasses exceeding ten inches in height; or
(l) Any structure becomes so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it becomes unsafe for occupancy, endangers the public health, welfare, or safety of occupants, or causes such a condition of blight that it materially interferes with the peaceful enjoyment and lawful use of owners or occupants of a proximate property; or
(m) The conduct of any activity on any property that generates loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or
(n) There is an accumulation of any dirt, filth, rubbish, garbage, waste, leaves or clippings, boxes, or any other matter of an unsightly or unsanitary nature, in such a manner that such matter could become dangerous to the public health, comfort and safety of others, that such matter could be blown into any street, alley, park, public ground, sidewalk, or property of another, or such matter could be deposited into any plumbing fixture that it may obstruct or render unwholesome any sanitary sewer or watercourse; or
(o) Any structure, fence, wall, shed, house, swimming pool, any part of any of the foregoing; or any pole or smoke stack; or any excavation, basement, cellar, sidewalk subspace, wharf or dock, which in its entirety or in any part thereof, by reason of the condition in which the same is permitted to be or remain, shall or may endanger the health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, depreciation, damage, or injury to any one or more persons or to any other property in the City; or
(p) Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or otherwise not maintained, resulting in the water becoming polluted by bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, or any other material, which, because of its location, becomes an unhealthy, unsafe or unsightly condition; or
(q) Any appliance, such as refrigerators, with a capacity of one and one-half cubic feet or more and an opening of fifty square inches and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, which is abandoned, discarded or knowingly permitted to remain on premises in a place accessible to children; or
(r) Leaving any putrid substances on any lot or land, or failing to remove all obstructions from culverts, covered drains or antral watercourses as provided in Ohio Revised Code 715.47; or
(s) Failing to keep sidewalks in repair and free from snow, ice, or other obstructions; or
(v) Any dangerous structure which, because of its condition, is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the City; or
(w) The storage of any junk car on any premises. As used in this subsection, “junk car” means any unlicensed motor vehicle or any used vehicle propelled or intended to be propelled by power other than human power and which is in an inoperative or partially dismantled condition. As used in this subsection, "inoperative condition" means incapable of being propelled under its own power in its present condition, and "partially dismantled condition" means that some part of a motor vehicle is missing, which part is ordinarily an essential component of the motor vehicle. This subsection shall not apply to vehicles in an enclosed building, to commercial garages, repair shops or used car dealers or to operators of junkyards appropriately licensed and in compliance with the Business Regulation Code; or
(x) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code.
(Ord. 7935. Passed 8-8-17.)