(a) For purposes of this section, "junk" means any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
(b) Except as otherwise provided herein, the deposit, storage, maintenance or collection of junk outside of a building is hereby declared to be a public nuisance and shall be abated in accordance with the provisions of this section.
(c) No person shall fail to abate a nuisance, as defined herein, on private property which the person owns, occupies or controls longer than ten days after notice to abate the same, as provided herein.
(d) Notice shall be issued and delivered by the Police Chief or by any member of the Police Department duly designated by him or by the Zoning Inspector of the City of Fremont, in any manner provided by the Ohio Rules of Civil Procedure. Such notice shall be in writing and shall provide a description of the nuisance and the location of the premises on which the nuisance exists.
(e) The Zoning Inspector shall have the right to enter on to any open premises for the purpose of inspecting any junk as defined in this section.
(f) The provisions of this section, however, shall not apply to the deposit, storage, maintenance or collection of junk in a regularly established salvage facility, or in any area of the City in which the same shall be permitted under the regulations of the Zoning Code of the City.
(g) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the fourth degree. Provided, however, that no person shall be imprisoned for the first offense, and the prosecution shall always be for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation that the offender has previously been convicted of this offense within six months of the violation.
(h) Conviction under this section shall not be construed as excusing or permitting the continuation of any nuisance as defined herein.
(Ord. 92-2763. Passed 6-18-92.)