CHAPTER 733
Junk Yards
   EDITOR'S NOTE: All references to "City Solicitor" in this chapter have been changed to "Law Director" to reflect the Charter Amendment passed by the electors on May 8, 2001, and upon the adoption of Ordinance 2001-96, passed June 4, 2001.
733.01   Definitions.
733.02   License required; compliance.
733.03   Issuance by Mayor; fence or plantings required; fees; revocation.
733.04   License application.
733.05   Fence construction, maintenance; advertising.
733.06   Junk yard inspections; right of entry; notification of noncompliance; correction; tax for violations.
733.07   Enforcement.
 
733.99   Penalty.
   CROSS REFERENCES
   Power to regulate fences, billboards and signs - see Ohio R.C. 715.27
   Power to regulate - see Ohio R.C. 715.61
   Advertising - see Ohio R.C. 715.65
   License revocation - see Ohio R.C. 2961.03
   Dealing with minors prohibited; hours - see Ohio R.C. 4737.03
   State licensing and required fencing of junk yards outside Municipality - see Ohio R.C. 4737.05 et seq.
   Impounding junk vehicles - see TRAF. 303.08(b)
   Parking of junk vehicles - se TRAF. 303.09
   Public nuisances - see GEN. OFF. 521.10(b)(4)
   Tampering with and destruction of motor vehicles - see GEN. OFF. 541.04
   Stealing motor vehicle parts - see GEN. OFF. 545.05
   Motor vehicle salvage dealers - see BUS. REG. Ch. 736
   Exemption from registration as a junk yard - see BUS. REG. 736.04
   Junk yard fences - see BLDG. 1383.07
733.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Junk" means old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel and other old or scrap ferrous or nonferrous materials.
   (b)   "Junk yard" means an establishment or place of business, which is maintained or operated for the purpose of storing, keeping, buying or selling junk, and includes garbage dumps and sanitary landfills. For the purposes of this chapter, the term "junk yard" shall also include scrap metal processing facilities which are located within 1,000 feet of the nearest edge of the right of way of a highway in the interstate or primary system.
   (c)   "Fence" means a barrier at least six feet in height, constructed of nontransparent material, and maintained so as to obscure the junk from the ordinary view of persons passing upon those State, County, Municipal and township highways, roads and streets covered by this chapter.
   (d)   "Scrap metal processing facility" means an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes.
   (e)   "Interstate system" means the system of highways as defined in subsection (d), 72 Stat. 887, 23 U.S.C. 103(D), as amended.
   (f)   "Primary system" means that portion of the highway system designated by the Ohio Director of Transportation which has been approved by the Secretary of Transportation of the United States pursuant to subsection (b), 72 Stat. 887, 23 U.S.C. 103(B), as amended.
(Ord. 90-224. Passed 8-20-90.)
733.02 LICENSE REQUIRED; COMPLIANCE.
   No person shall operate or maintain a junk yard adjacent to the interstate or primary system within the City without having first obtained a license therefor as provided in this chapter.
   No licensee shall operate or maintain a junk yard in violation of the provisions of this chapter.
(Ord. 90-224. Passed 8-20-90.)
733.03 ISSUANCE BY MAYOR; FENCE OR PLANTINGS REQUIRED; FEES; REVOCATION.
   (a)   No person shall operate and maintain a junk yard within the City without first obtaining a license to do so from the Mayor. Any person operating or maintaining a junk yard within the City shall, within one year after the effective date of this chapter, erect the required fence or make suitable plantings if such junk yard is not screened by natural objects or a fence. If the junk yard is so obscured, the person operating or maintaining it shall be issued a license under this chapter. No license shall be issued unless such yard complies with the provisions of this chapter.
   (b)   No person shall operate and maintain a junk yard adjacent to the interstate or primary systems within the Municipality, except in zoned or unzoned industrial areas, without first obtaining a license to do so from the Mayor. Any person operating or maintaining a junk yard within 1,000 feet of the nearest edge of the right of way of an interstate or primary highway within the City, except in a zoned or unzoned industrial area, prior to November 18, 1969, shall, within one year thereafter, erect the required fence or make suitable plantings if such junk yard is not screened by natural objects or a fence. If a junk yard is established after November 18, 1969, within 1,000 feet of the nearest edge of the right of way of an interstate or primary highway, it shall be so located that the view thereof from such highway is obscured by natural objects or a fence. If the junkyard is so obscured, the person operating or maintaining it shall be issued a license under this section. No license shall be issued unless such yard complies with the provisions of this chapter.
   (c)   The fee for a license issued under this section is thirty-five dollars ($35.00). All licenses issued under this section shall expire on January 1 following the date of issue. A license may be renewed from year to year upon paying the Mayor the sum of twenty-five dollars ($25.00) for each such renewal.
   (d)   Any license or renewal thereof issued under this section may be revoked by the Mayor after reasonable notice and opportunity to be heard, for any violation of this chapter by the licensee or by any of his or her officers, agents or employees. Whenever a license has been revoked under this section, the Mayor shall not issue another license to such licensee, to the husband or wife of such licensee, or to any partnership or corporation of which he or she is an officer or member, until such licensee complies with this chapter.
(Ord. 90-224. Passed 8-20-90.)
733.04 LICENSE APPLICATION.
   Application for a license to operate and maintain a junk yard or for a renewal thereof shall be made in writing, accompanied by the proper fee, to the Mayor, setting forth: the name and address of the applicant; the location of the junk yard; if the applicant is a firm, partnership or association, the names and addresses of each member; if the applicant is a corporation, the date and place of incorporation and the names and addresses of its officers and directors; and such other reasonable information as the Mayor deems necessary. The application shall be signed and sworn to by the applicant.
(Ord. 90-224. Passed 8-20-90.)
733.05 FENCE CONSTRUCTION, MAINTENANCE; ADVERTISING.
   Any fence constructed under the provisions of this chapter shall be neatly constructed, nontransparent, and be kept in good order and repair. No advertisement shall be permitted on such fence other than the name of the person under whose name the license has been issued and the nature of the business conducted therein. The Building Inspector shall enforce the provisions of this chapter as to the fence.
(Ord. 90-224. Passed 8-20-90.)
733.06 JUNK YARD INSPECTIONS; RIGHT OF ENTRY; NOTIFICATION OF NONCOMPLIANCE; CORRECTION; TAX FOR VIOLATIONS.
   (a)   Before a license is granted or renewed under this chapter, the Chief of Police shall inspect the junk yard within the City to determine if it complies with this chapter. The Chief shall submit a written report of such examination to the City Law Director.
   In addition, twice annually, the Chief shall inspect every junk yard that is located within the City and for which a license has been issued under this chapter to obtain information with regard to whether the licensee's activity has been and is being conducted in accordance with Ohio R.C. 4737.01 through 4737.12 and this chapter. The Chief shall submit a written report of each such examination to the City Law Director.
   (b)   The Chief shall, for purposes of these examinations, have free access to the grounds and buildings used or proposed for use in the conduct of the junk yard activity by the applicant or the licensee. Such inspections may be made at any time, at the option of the Chief, during the regular work hours of the licensee or within the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
   (c)   Whenever it is determined upon any semiannual inspection made under this section that a junk yard is not being conducted in accordance with the requirements of Ohio R.C. 4737.01 through 4737.12 and this chapter, the Chief shall immediately notify the owner of the junk yard of such fact. The notice shall be sent to the owner by certified mail and shall detail the areas which are not in conformity with the requirements of Ohio R.C. 4737.01 through 4737.12 and this chapter. A copy of the notice shall also be sent to the City Law Director.
   (d)   Any owner of a junk yard who receives a notice as provided in this section shall, within sixty days after the mailing of the notice, undertake and complete such changes or improvements as are necessary to conform the junk yard to the requirements of Ohio R.C. 4737.01 through 4737.12 and this chapter. At the expiration of the sixty-day period, the Chief shall make a further inspection of the junk yard, and if the required changes or improvements have not been made, the owner of the junk yard shall be subject to a tax of twenty dollars ($20.00) for each day the violation continues.
   (e)   The Chief shall certify a return of the imposition of said tax thereon to the County Auditor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed as and when other taxes are entered. The provisions of the laws relating to the collection of taxes in this State, the delinquency thereof, and sale of property for taxes shall govern in the collection of the tax imposed in this section insofar as the same are applicable.
(Ord. 90-224. Passed 8-20-90.)
733.07 ENFORCEMENT.
   Whenever the City Law Director is of the opinion that a junk yard is being operated or maintained in violation of any of the provisions of Ohio R.C. 4737.05 through 4737.12 and this chapter, he or she may apply in the name of the City to a court of competent jurisdiction alleging the violation complained of and requesting an injunction and other proper relief. In such a case, the court may order such junk yard abated as a public nuisance or make such other order as may be proper. Any action brought hereunder shall not be deemed a bar to criminal prosecution under this chapter.
(Ord. 90-224. Passed 8-20-90.)
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