(a) Definition. For the purposes of this section, "junk boat" means any motorized or un-motorized boat that measures at least fifteen (15) feet, whether or not on a trailer, which is discarded, wrecked, ruined, scrapped or dismantled, and does not have a valid license, and is either not serving a functional purpose/use or is left uncovered in the open on private property more than five (5) (days) with the permission of the person having the right to the possession of the property, excepting, however, any boat being held in a junkyard or scrap metal processing facility licensed under the authority of the City or Ohio R.C. 4737.05 to 4737.12, or any boat being held for bona fide repairs on a repair order at boat service station, garage or body shop, or any boat stored on property owned by or under contract with the City permitting the storage of boats on such property. For the purpose of this section "uncovered" shall mean that the junk boat is located outside of a permanent, approved, and fully enclosed structure.
(b) Prohibition of Junk Boat Nuisance(s). The accumulation and storage of a junk boat, junk boat parts on private property is hereby declared to be a nuisance, detrimental to the health, safety, and welfare of the residents of the City. No person shall leave or permit the storage of a junk boat or junk boat parts in an uncovered condition on private property for more than five (5) days with the permission of the person having the right to possession of the property. No person having the right to the possession of property where a junk boat or junk boat parts, shall willfully leave such boat or parts uncovered, in the open, for more than ten (10) days after receipt of notice as provided below in subsection (d) hereof. It shall serve as prima facie evidence of a willful failure to comply with the notice when the junk boat or parts remain left on said property.
(c) Special Permits for Repair. Any person who is repairing or who is about to have repaired any junk boat as defined in subsection (a) above, may obtain an authorization from the City's Zoning Administrator in the building and zoning department to permit the junk boat to remain on the premises for an additional period of ten (10) days.
(d) Notice to Remove Boat(s). Upon notice from the City's Zoning Administrator in the building and zoning department, that any person is storing a junk boat or junk boat parts in violation of subsection (b) hereof, the Zoning Administrator or his designee, may send notice, via certified mail, return receipt requested, or may make service of such notice via personal delivery, to the owner(s) of the land upon which the a junk boat or junk boat parts are left, that within ten (10) days of receipt of the notice, the boat or parts either shall be covered by being housed in a garage or other suitable structure as set forth above in subsection (a), or shall be removed from the property. The City shall make all reasonable efforts to determine the registered owner's last known address as reflected on the boat title. If the name listed as the registered owner of the junk boat is not the same name listed as the owner(s) of the land, the City shall send notice via certified mail, return receipt requested, to the registered owner's last known address as reflected on the boat title. In the event that the owner(s) of the land or the registered owner of the boat cannot be found after reasonable effort and diligence, a notice shall be posted in a conspicuous place on a building and on the boat or parts for a period of no less then ten (10) days.
(e) Right of Appeal. Any recipient of a notice to remove a junk boat may appeal the same in writing to the Appeals Board within ten (10) days after its receipt, pursuant to subsection (f) of Codified Ordinance 1115.10. If the recipient of a notice fails to file an appeal, it shall be conclusively presumed that the boat is, in fact, a junk boat and a nuisance subject to removal.
(f) Hearing on Appeal. After the filing of an appeal, it shall be heard before the Appeals Board, pursuant to subsection (f) of Codified Ordinance 1115.10, who shall determine whether the boat is a junk boat in violation of subsection (b). If the Appeals Board determines the boat is junk in violation of subsection (b), the Board may order the boat removed in accordance with subsection (g).
(g) Removal of Nuisance. A junk boat determined to be a nuisance that remains on the property in violation of subsection (d), may be removed. The City shall cause to have removed such junk boat by a licensed and bonded towing service and assess the owner of the property the actual costs of such removal, but not less than the actual cost plus one (1) hour of administrative fees and daily storage, if applicable. Daily storage per junk boat shall be a minimum of fifteen dollars ($15.00) per day per boat. In accordance with Ohio R.C. 715.261, the assessment shall be certified by the Director of Finance for the charges for the service as provided for above to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the City for credit to the fund from which the costs were paid. The recovery of its costs by the City pursuant to this section is a remedy in addition to the penalty provided in below in subsection (h). Additionally, after removal the junk boat shall be stored until lawfully claimed by the payment of outstanding towing and storage charges or disposed of in accordance with the Ohio Revised Code.
(h) Penalty. Whoever violates any provision of this subsection (b) is guilty of a minor misdemeanor and shall be assessed any costs incurred by the City in disposing of such junk boat(s). On a second offense within one calendar year, such person is guilty of a misdemeanor of the fourth degree. On a third offense within one calendar year, such person is guilty of a misdemeanor of the third degree. On a fourth offense within one calendar year, such person is guilty of a misdemeanor of the second degree. On a fifth offense within one calendar year, such person is guilty of a misdemeanor of the first degree. Each subsequent period of thirty (30) days that the boat or parts continue to be left shall constitute a separate offense.
(Ord. 10-09. Passed 7-19-10.)