(a) Enforcement.
(1) Law enforcement officers of the city and the Chief Building Official or other code enforcement officers are hereby empowered to and shall enforce provisions of this section.
(2) Any citizen of the city may file a sworn affidavit after making a police report with the Law Department to be taken against any party in violation of the ordinance.
(3) The Chief Building Official, other code enforcement officer or law enforcement officer of the city may initiate an investigation where the officer has sufficient probable cause to believe this section is being violated.
(4) If the Chief Building Official, other code enforcement officer or law enforcement officer discovers an article of garbage bearing a person’s, corporation’s, company’s, firm’s, business’ or institution’s name or address on any public or private property, it shall be presumed that said article of garbage being so discovered is the property of such person whose name appears thereon, and said person placed or caused to be placed such article of garbage; provided, however, that such presumption shall be rebutted by competent evidence. This presumption is based on the intent that all generators of such items are responsible for such items until such time they have been properly disposed.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULKY WASTE.
Stoves, water heaters, washing machines, furniture, household construction debris, and other waste materials other than dead animals, hazardous waste, and stable matter with weights or volume greater than those allowed for placement in bags.
COMMERCIAL ENTITY.
Any and all generators of commercial waste, including commercial establishments, contractors, and non-profit entities such as churches, public facilities, multi-family dwellings and other businesses.
COMMERCIAL WASTE.
Any and all accumulations of non-hazardous refuse, debris, and waste products generated by the operation of industries, stores, building contractors, offices, churches, public facilities, multi-family dwellings and other business establishments that are collected in industry-standard front load or roll-off containers. Included in COMMERCIAL WASTE is commercial construction debris.
CONTAINER.
The receptacles used by residents and businesses for the storage of solid waste and recyclables.
DEAD ANIMALS.
Animals or portions thereof equal to or greater than 15 pounds in weight that have expired from any cause, except those slaughtered or killed for human use or consumption.
GARBAGE.
Every accumulation of waste (animal, vegetable and/or other matter) that results from the handling, packing, preparation, processing, consumption, dealing in, canning, storage, transportation, decay, or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including but not by way of limitation, used tin cans and other food containers; including all putrescible waste matter which is likely to attract flies or rodents) except (in all cases) any matter included in the definition of
BULKY WASTE, DEAD ANIMALS, HAZARDOUS WASTE
or
RUBBISH
.
HAZARDOUS WASTE.
Waste in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriated state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this section, the term HAZARDOUS WASTE shall also include motor oil, gasoline, paint and appliances containing Freon.
ILLEGAL, UNLAWFUL OR UNAUTHORIZED DUMPING.
Any collection of solid waste exceeding five pounds in weight or five cubic feet in volume which is either dumped or caused to be dumped or placed on any property either public or private, whether or not regularly used, which tends to create a hazard to the public health, safety and welfare, or declared a public nuisance, per se, shall be considered as forming an illegal dump within the meaning of R.C. Chapter 3734, but not the careless, scattered littering of smaller individual items. An illegal dump shall also mean any solid waste disposal site that does not meet the regulatory provisions of R.C. § 3734.01(I).
LITTER.
All garbage and rubbish, loosely strewn, uncollected, unpackaged, and uncontained which includes but is not limited to paper, bottles, cans, glass, crockery, plastic, rubber, waste building materials, disposable packages, cigarette butts and other tobacco products, gum and containers.
MISCELLANEOUS NON-VEGETATIVE YARD WASTE.
Outdoor furniture, wire, plastics, bicycles, toys, grills, or any other outdoor item that is not classified as rubbish or yard waste (see
YARD WASTE
).
PERSON.
Any person, owner, lessee, firm, business, partnership, sole proprietorship, association, corporation, company or organization of any kind.
PRIVATE PROPERTY.
Any dwelling, house, building or other structure designed or used for private, commercial, or residential purposes, including any yard, grounds, acreage, vacant lots, walk, driveway, porch, steps, parking areas, vestibule, or mailbox belonging to such dwelling, house, building or other structure.
PUBLIC ROAD.
Any road or roadway that is maintained by a city, county, state or federal government using public funds.
PUBLIC PROPERTY.
Any and all streets, public rights-of-way, easements, medians, sidewalks, boulevards, highways, streets, alleys, or other public parks, squares, spaces, grounds, buildings, and infrastructure.
RESIDENT.
A person residing on the property, whether that person owns or leases the residence.
RUBBISH.
No putrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and similar material. Noncombustible rubbish includes glass, crockery, metal cans, and metal furniture and like material, which will not burn at ordinary incinerator temperatures (not less than 1600º F).
SOLID WASTE.
All items contained in the definition of
GARBAGE, BULKY WASTE, DEAD ANIMALS, STABLE MATTER, MISCELLANEOUS YARD WASTE, RUBBISH, HOUSEHOLD CONSTRUCTION DEBRIS, COMMERCIAL CONSTRUCTION DEBRIS
or
COMMERCIAL WASTE
(see also
COMMERCIAL WASTE
).
SOLID WASTE ENFORCEMENT OFFICER (SWEO), CHIEF BUILDING OFFICIAL
or
CODE ENFORCEMENT OFFICER.
A person appointed by the city to manage the Building Department, to enforce state laws related to solid waste and to enforce the provisions of this section.
SOLID WASTE HEARING OFFICER (SWHO)
or
CHIEF BUILDING OFFICIAL.
A person appointed by the city to hear appeals from those who receive the written notice of corrective action.
SOLID WASTE MANAGEMENT BMPS (BEST MANAGEMENT PRACTICES) THAT HELP MINIMIZE ILLEGAL DUMPING AND LITTER.
Implementing certain solid waste BMPs can help reduce illegal dumping and litter. These include:
(a) All residents have solid waste management services, either by mandatory service/mandatory pay, or through proving they have service with a hauler they hire;
(b) A convenient means of managing bulk waste is available and well-advertised to the community;
(c) Residents are made aware of how to manage items like electronics, HHW and used waste tires. Ideally these programs are low-cost or no-cost to the resident and are convenient;
(d) The jurisdiction has some leverage over commercial haulers through a licensing or permitting program;
(e) The jurisdiction’s solid waste ordinance requires behaviors that help avoid litter, such as, all containers must be covered, limited out-of-cart setouts, limited timeframe containers can be out before and after collection; scavenging illegal;
(f) The solid waste ordinance specifies minimum collection frequency and requirements for cleaning and maintaining containers; and
(g) The jurisdiction provides education about and enforces litter and solid waste ordinances.
TEMPORARY SIGNS.
Signs that are not meant to be a permanent or long-term part of a business, facility or structure, but instead promote the sale or improvement of a property, or are temporary political/election signs or signs to advertise events such as yard sales, tag sales, parties and other events.
UNSERVICEABLE OR DERELICT VEHICLE.
Disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers, as used in this section, means motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such a state of physical or mechanical ruin as to be incapable of propulsion, being operated upon public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
YARD WASTE.
The leaves, grass cuttings, weeds, garden waste, tree limbs, and other vegetative wastes generated at residential, commercial, institutional, governmental, or industrial properties.
(c) Containerization, control and transportation of solid waste.
(1) Containerization of litter and solid wastes in receptacles for garbage collection.
A. It is unlawful for any person to deposit any materials in receptacles placed for public use as a depository for litter, recyclables, or solid wastes other than that specifically designated for that container.
B. All persons that place their solid waste in containers for collection are responsible for unsightly garbage in and about the property owned, operated or controlled by said persons. Spillage and overflow of wastes around containers shall be promptly cleaned and properly disposed of within 24 hours.
C. It shall be the responsibility of each person to keep his or her own property clean and free of garbage and any resulting litter. Any non-contained and uncontrolled accumulation of garbage on any public or private property is a violation of this section.
D. Persons owning or occupying property shall keep right-of-way areas in front of their premises (and behind, if alleys are present) free of solid waste of all types.
E. It shall be the responsibility of the resident or the owner or manager of a commercial or multi-family residential establishment to utilize a storage system that will include containers of adequate size and strength and in sufficient numbers up to the limit permissible to contain all solid waste that the residence or other establishment generates in the period of time between collections. The owner or, if leased, the lessee of the storage containers shall be jointly and severally responsible for compliance with this requirement.
F. Any solid waste resulting from construction, repair, or alteration of any building in the city shall be contained and removed in a timely manner by the generator and/or its contractor. All trees, tree limbs, and brush cut by a contractor or any person performing such task or any other yard wastes collected from the property shall either be managed on-site in accordance with state law or should be removed and properly disposed. These materials shall be placed in containers such that they will not be scattered by the elements.
G. Residents and commercial entities shall set out solid waste and recyclable materials only in approved containers, as described in Chapter 939 of this code of ordinances.
H. Waste spilled due to improper bagging or because the bag was not protected from animals shall be cleaned up by the resident or commercial entity within 24 hours.
I. Residents and commercial entities shall set out solid waste and recyclables such that they cannot become scattered by the elements. All garbage and other small, loose items for disposal shall be bagged before being placed in the approved container. Recyclables shall be placed in a lidded cart or set out such that heavier items are on top to avoid materials becoming scattered by the elements.
J. Placing solid waste in someone else’s container, public or private, constitutes theft of service, and is a violation of this section.
(2) Solid waste transportation.
A. Any solid waste materials being transported by vehicle shall be secured in such a manner to prevent the materials from blowing, spilling or falling from the vehicle.
B. Any driver or person in direct control of any vehicle from which any materials or objects have fallen, blown, leaked, shifted or otherwise escaped shall immediately cause said materials or objects to be cleaned up at their own expense or be cited and fined in accordance with this section and the laws of the state.
(3) Penalties. Waste spilled because of improper bagging or because the bag was not protected from animals must be cleaned up and re- bagged by the owner within 24 hours. Any person who fails to properly bag garbage, secure loads properly for transport, or to clean up spilled garbage is in violation of this section and is guilty of a misdemeanor and subject to a fine of $25 for first occurrence, $50 for second occurrence and upon the third and subsequent occurrences, $100 plus a minimum of five hours of community service work to be devoted to matters pertaining to beautification programs within the city. A commercial hauler can risk loss of its solid waste hauling permit for multiple infractions or failure to pay penalties, see §§ 939.24 through 939.26.
(d) Prevention of littering.
(1) Littering prohibited.
A. It is unlawful for any person to throw, discard, or deposit litter, as defined in this section, in any manner or amount in or upon any private or public property, highway, street, right-of-way, body of water, or park in the city, except in public receptacles, in authorized private receptacles, or in accordance with regulations and requirements set forth by the city and its agent for collection.
B. It is unlawful for any person to sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter or yard waste from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter.
C. It is unlawful for any person, while a driver or passenger in a vehicle, to throw or deposit litter upon any street or other public place within the city or upon private property.
D. It is unlawful for any person to throw or deposit litter in any public place within the city except to make deposits in public receptacles specifically provided for solid waste, recycling, and cigarette butts. Where public receptacles are not provided, all such litter shall be carried away from the public place by the person responsible for its presence and properly disposed of elsewhere as provided in this section.
E. It is unlawful for any person to throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a public place or elsewhere within the city.
F. It is unlawful for any person to throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
G. It is unlawful for any person to throw or deposit any commercial or noncommercial handbill or telephone books in or upon any private premises which are temporarily or continuously uninhabited or vacant.
H. It is the duty of the owner, lessee, tenant, occupant, or person in charge, to keep and cause to be kept the sidewalk and gutter areas (24 inches from curb into street) free from obstruction or nuisances of every kind, and to keep sidewalks, gutter areas, archways, backyards, courts and alleys free from litter and other offensive materials.
I. Temporary signs which advertise the sale, rental, lease or improvement of the property on which it is located provided such signs do not exceed six square feet in any residential zone, 20 square feet in commercial zones, and 30 square feet in industrial zones. Signs advertising pending improvements shall not be in place more than 60 days prior to commencement of such improvements. Temporary signs shall be removed within ten days after completion of the activity advertised. Such signs shall not be lighted nor internally illuminated. Election signs shall be considered temporary signs and shall comply with the above requirements.
(2) Penalties for littering. Any person found to be in violation of any provisions of this section where the amount of litter and/or solid waste does not exceed five pounds in weight or five cubic feet in volume and where the activity generating the litter or solid waste is not for commercial purposes is guilty of littering and subject to the terms and conditions set forth in R.C. Chapter 3734 and shall be subject to a fine of not less than $50 nor more than $250. In addition to, or in lieu of, the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than five, nor more than 50 hours.
(e) Prevention of illegal dumping.
(1) Illegal dumping prohibited.
A. It shall be unlawful for any person to cause, create, or allow an illegal dump on any private or public property. Illegal dumps shall be eliminated by removal and proper legal management of the dumped material. Solid waste from the illegal dump site will be disposed in an approved and permitted landfill and/or recycling facility.
B. Not more than one unregistered and uninspected vehicle shall be stored or parked outdoors in any residential zone. Storage or abandonment of unserviceable or derelict vehicles is prohibited in any residential zone.
C. It shall be unlawful to abandon a watercraft or outboard motor on the public land or waters of this state or the city or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the person onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft.
(2) Penalties.
A. Illegal dumping (misdemeanor): any person found to be in violation of any provisions of this section where the amount of litter and/or solid waste exceeds five pounds or five cubic feet in volume, but does not exceed 500 pounds in weight or 100 cubic feet in volume and where the activity generating the litter or solid waste is not for commercial purposes is guilty of a misdemeanor and subject to the terms and conditions set forth in R.C. Chapter 3734, and shall be subject to a fine of not less than $500 nor more than $1,000, or imprisonment for a term of not more than one year, or both. In addition to, or in lieu of, the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than five nor more than 100 hours.
B. Illegal dumping (felony): any person found to be in violation of this section where the amount of litter or solid waste exceeds 500 pounds in weight or 100 cubic feet in volume, or in any amount or volume of solid waste where the activity generating the litter or solid waste was for commercial purposes, or in any amount of volume of hazardous waste, is guilty of a felony and subject to the terms and conditions set forth in R.C. Chapter 3734 and shall be subject to a fine of not less than $750 nor more than $50,000, or to imprisonment for a term of not more than five years, or both. For purposes of the fine, each day shall constitute a separate violation.
C. A person violating the provisions of subsection C. is guilty of a misdemeanor and, upon conviction, must be fined not less than $1,000 nor more than $5,000 or imprisoned up to 30 days, or both. In addition, the owner must remove the abandoned watercraft within 14 days of conviction. The Municipal Court is vested with jurisdiction for cases arising under this section.
D. An abandoned watercraft shall be removed at the risk and the expense of the owner.
(3) Illegal dump cleanup.
A. Generally.
1. The property owner shall be responsible to clean up the illegal dump.
2. Upon a written request by the property owner certifying that they are financially or otherwise incapable of cleaning up the site, as per R.C. Chapter 3734, and upon approval by the city.
B. Penalties. Penalties within those set forth above, at the discretion of the Court, repeat or exacerbated littering/illegal dumping might include:
1. Impose a higher fee or other penalty for a second and/or subsequent offense;
2. Impose a higher fee/penalty for the littering of a lit cigarette, cigar, or other items that could cause a fire;
3. Impose a higher fee/penalty for the illegal dumping or littering of waste considered to be more dangerous or potentially dangerous, such as hazardous waste and electronic waste; or
4. Community service hours that help remediate a similar type of violation within the East Cleveland community; and may include cleaning up the illegal dumpsite. However, before such work may begin, a consent form for removal from private property must be fully executed (see Appendix A in this section).
(f) Enforcement of officers.
(1) Enforcement procedure for Solid Waste Enforcement Officer.
A. Upon receiving a complaint (see Appendix B in this section) alleging unlawful litter or an illegal dump, the Solid Waste Enforcement Officer (SWEO) or other appropriate code enforcement officer discusses the issue with the resident, property owner, or the person believed responsible to try and resolve the issue. For leased property, the SWEO or other appropriate code enforcement officer will attempt to contact the tenant first and the owner only after attempts to work with the tenant does not result in compliance to this section.
B. If, after investigating an alleged illegal dump site or litter problem, the SWEO or other appropriate code enforcement officer believes further action should be taken and, if the issue cannot be resolved, the SWEO shall issue a written notice of corrective action (see Appendix C in this section).
C. The written notice of corrective action may be issued to suspected violators of this section in lieu of citation or arrest.
1. Notices shall be mailed by certified mail, return receipt requested, to the suspected violator’s last known place of residence and shall be deemed personal service upon the person for the purpose of this section.
2. Notices shall include the date issued, a description of the alleged offense committed, an explanation of the corrective measures to be taken, and the date and time by which such corrections shall be made.
3. The issuing authority of notifications shall retain all such notices issued and make them available for public inspection during normal office hours.
D. If the person notified of a suspected violation does not contest the written notice of corrective action, and completes the corrective measures within the time specified, the Solid Waste Enforcement Officer or other officer, such as code enforcement officer will issue a certificate of compliance certifying that the suspected violation no longer exists (see Appendix C in this section).
(2) Appeal procedure. If the person notified of an alleged violation wishes to contest the written notice of corrective action, they must submit in writing, within ten days of receipt by registered mail of the written notice of corrective action, a request for a hearing to the Solid Waste Hearing Officer (the Chief Building Official).
A. The Solid Waste Hearing Officer (the Chief Building Official) shall schedule a meeting date within 15 days from receipt of a request for a hearing.
B. The Solid Waste Hearing Officer (the Chief Building Official) after considering all evidence shall make a ruling that dismisses the alleged violation or affirms the issuance of the written notice of corrective action. Note: the cost of the hearing shall be a charge to the city upon dismissal of the alleged violation, or a charge to the person(s) that requested the hearing upon a ruling that requires remediation. The Solid Waste Hearing Officer (the Chief Building Official) may grant an extension of time for remediation upon considering justifying circumstances.
(3) Failure to comply. Any person who has been served a written notice of corrective action in accordance with the provisions of this section, and who shall neglect, refuse or fail to fully comply with the corrective notices so ordered, and/or within the time frame so ordered therein, shall be in violation of this section. The Solid Waste Enforcement Officer or appropriate hearing officer shall file an affidavit with the appropriate court of jurisdiction for prosecution.
(g) Threats to public health and safety.
(1) Complaint by petition.
A. Any resident of the city may present a written petition (see Appendix E in this section) to the city to order the cleanup of private property that presents a threat to the health and safety of city residents. The petition must contain the signatures of a majority of those tenants, households, and/or owners of parcels within 750 feet of the alleged violating property.
B. Upon receipt of a petition, the city will order a hearing and give notice of the complaint and hearing to the involved tenant and/or property owner in accordance with R.C. Chapter 3734.
(2) Individual complaints. Individuals may initiate an investigation by filing a written complaint (see Appendix B in this section) with the Solid Waste Enforcement Officer (the Chief Building Official) alleging that the conditions of a parcel of land constitutes a menace to the health, safety, and welfare of the adjacent community.
A. Upon receipt of the complaint, the Solid Waste Enforcement officer or other appropriate code enforcement officer will investigate the matter and confer with the members of the city. If the Solid Waste Enforcement Officer (the Chief Building Official) determines that there is substantial evidence to believe that the condition of such property does pose a menace to the health, safety, and welfare of the local community, he or she will recommend that the Building Department convene a hearing in accordance with R.C. Chapter 3734.
B. All documents maintained by the city under this chapter, including petitions and individual complaints, are public records subject to disclosure under the Public Records Act. However, in the event a complainant or complainants request(s) that the complaint or petition and/or their identity not be disclosed by the city in accordance with R.C. Chapter 149, the city will immediately determine whether to maintain confidentiality based on the factors delineated in R.C. Chapter 149.
(3) Examples. Examples of littering and illegal dumping conditions on private property that may be considered illegal and declared a menace to the public health and safety of the community include:
A. Properties that contain items that hold water and make a good mosquito-breeding habitat (example: open barrels, tires and the like);
B. Buckets, drums, containers, or other items that hold oil or other liquids that may spill, drip, or leak and, if rained upon, may spill over and contaminate the soil;
C. Material that is fly producing, rat harboring and/or is odorous;
D. Loose material of significant volume that may be blown onto the city’s road right-of-way or neighboring property;
E. Objects that create a condition that may be expected to attract children and constitute a danger to their safety;
F. Hazardous, toxic, or radioactive waste as defined by the Ohio Environmental Protection Agency or the federal Environmental Protection Agency, including appliances that contain Freon, such as, refrigerators and air conditioners;
G. Discarded dead animals weighing 15 pounds or more that may be infectious or odorous;
H. Burning of garbage as per R.C. § 3745.19; or
I. Illegal discharge to state waters. It shall be unlawful for any person to throw, discard or deposit garbage, rubbish, yard waste or other solid wastes into any river, creek, stream, water drainage way, or in any other manner that would result in the wash out of wastes into state waters.
(4) Failure to comply.
A. If a written notice of corrective action is issued and the condition described is not resolved within 30 days, the property owner will be ordered to appear before the Building Department for a show cause hearing.
B. If the Building Department finds that the condition on the property constitutes a menace to the health and safety of the community, the Board can order the property owner to clean up his property.
C. Upon the failure or refusal of any person so notified to properly dispose of garbage, rubbish and/or yard waste from their property within 30 days after issuance of proper corrective notice, the city may effect the removal of said garbage, rubbish, and/or yard waste and charge the owner of such property for the actual cost of removal pursuant to Chapter 1313 of this code of ordinances and such assessment may be a lien against the property.
(h) Conflict. It is not intended that this section repeal, abrogate, annul, impair, or interfere with any existing provisions of any other ordinances or laws. However, if the requirements of any other lawfully adopted rules, regulations, or ordinances of the city conflict with this section, the more restrictive or that imposing the higher standards will govern.
(i) Severability. Severability is intended throughout and within the provisions of this section. If any provision, including any exception, part, phrase or term or the application thereof to any person or circumstance is held invalid by a Court of appropriate jurisdiction, the application to other persons or circumstances shall not be affected thereby, and the validity of this section in any and all other respects shall not be affected thereby. The City Council does not intend a result that is absurd, impossible to execute or unreasonable. It is intended that this section be held inapplicable in such cases, if any, where its application would be unconstitutional as constitutionally permitted construction is intended and shall be given.
(j) Cumulative. This section shall be cumulative and in addition to any other laws in force.
(k) Non-exclusive remedy. The standards and procedures set forth in this section are non-exclusive and therefore citizens and the city may simultaneously proceed under one or more provisions as to any single condition as deemed appropriate.
(l) Effective date. The City Council does hereby find that it is necessary for the immediate and temporary preservation of the public cleanliness, health and safety that this section be made effective at the earliest period permitted by law. Accordingly, this section shall be in full force and effect from and after the June 15, 2017, of its enactment, and the Clerk is directed to publish notice accordingly.