1361.01 Definitions.
1361.02 Premise sanitation.
1361.03 Notice to remove solid waste/abate nuisance.
1361.04 Failure to remove solid waste/abate nuisance.
1361.05 Exceptions.
1361.06 Disposal of garbage or refuse in public containers prohibited. (Repealed)
1361.07 Storage of junk tires.
1361.08 Yard maintenance area.
1361.99 Penalty.
CROSS REFERENCES
Collection of garbage, solid waste and other discarded materials - see BUS. REG. Ch. 719
As used in this chapter:
(a) “Composting” means the controlled biological decomposition of organic solid waste under aerobic conditions.
(b) “Construction and demolition debris” means those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure, including, without limitation, houses, buildings, industrial or commercial facilities, or roadways. “Construction and demolition debris” does not include materials identified or listed as solid wastes or hazardous wastes in this chapter.
(c) “Garbage” means any putrescible animal or vegetable waste resulting from the handling, processing, preparation, cooking, and service of food.
(d) “Hazardous waste” means any waste or combination of wastes in solid, liquid, semisolid, or contained gaseous form that in the determination of the Director, because of its quantity, concentration, or physical or chemical characteristics, may do either of the following:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;
(2) Post a substantial present or potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of, or otherwise managed.
Hazardous waste includes any substance identified by regulation as hazardous waste under the “Resource Conservation and Recovery Act of 1976 (RCRA)”, 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and does not include any substance that is subject to the “Atomic Energy Act of 1954", 68 Stat. 919, 42 U.S.C.A. 2011, as amended.
(e) “Infectious waste” as defined by Section 3734.01 of the Ohio Revised Code.
(f) “Licensed solid waste hauler” means any person engaged in commercial collection activities within the City of Galion, Ohio, who has been issued a license by the Galion City Board of Health to engage in said activity.
(g) “Nuisance” means any condition or use of premises, building, structure, or exterior, or any substance or material(s) which are or may become noxious, injurious, or dangerous to public health or safety.
(h) “Person” means any individual, firm, corporation, association, partnership, political subdivision, or other entity.
(i) “Premises” means any land, building, or structure on or in which solid waste may be placed, deposited, kept, accumulated, and/or stored.
(j) “Solid waste” means such unwanted residual solid or semisolid material as results from residential, industrial, commercial, agricultural, and community operations, and includes, but is not limited to: putrescible animal or vegetable wastes, resulting from the handling, processing, preparation, cooking, or serving of food; litter, garbage, junk, ashes, crockery, glass, plastics, textiles, old or discarded clothing, wood, cardboard, paper, and other wood pulp products, rubber, leather, old or scrap ferrous and nonferrous metals (aluminum, brass, copper, iron, steel, tin), wire, automobile parts, tires, batteries, household appliances, electronics, household furnishings, bedding, mattresses, carpet, padding, rugs, shingles, debris, street dirt, or anything else of an unsightly or unsanitary nature, regardless of being combustible or noncombustible material. Solid waste shall not include earth or material from construction, mining, or demolition operations, or other waste materials of a type that would normally be included in demolition debris, nontoxic fly ash, spent nontoxic foundry sand, and slag, and other substances that are not harmful or inimical to public health, and any material that is an infectious waste or a hazardous waste.
(k) “Vector” means any insect or arthropod, rodent, or other animal of public health significance capable of harboring or transmitting the causative agents of disease to humans.
(l) “Yard waste” means such materials as grass clippings, leaves, shrub trimmings, branches, herbaceous waste, branches, and other plant waste that is generated as a result of gardening, landscaping, or similar activities. Yard waste does not include industrial or agricultural processing waste. Yard waste is a solid waste.
(Ord. 2006-46. Passed 7-11-06.)
(a) Every occupant of a business building, multiple dwelling, dwelling, or dwelling unit shall store and dispose of all garbage and solid waste in a clean, sanitary and safe manner.
(b) Every owner of a business building and every owner of a dwelling containing three or more dwelling units shall provide and maintain adequate garbage and solid waste receptacles for the sanitary and safe storage and/or disposal of garbage and solid waste. In the case of a building containing one or two unit dwellings, it shall be the responsibility of each occupant to provide and maintain adequate garbage and solid waste storage and disposal receptacles. The total capacity of all provided garbage and solid waste storage receptacles shall be adequate to meet the needs of the occupants of the business building, multiple dwelling, dwelling or dwelling unit, as the case may be.
(c) All garbage and solid waste receptacles shall be vermin-proof, watertight, structurally strong to withstand handling stress, easily filled, emptied and cleaned, shall be provided with tight-fitting covers or similar closures, and shall be maintained at all times in a clean and sanitary condition. Receptacles shall be covered with tight-fitting lids at all times, except as may be necessary for the deposit of garbage or solid waste. Plastic bags may be used as garbage and solid waste receptacles liners, but shall not be used without the receptacle for on-site storage thereof.
(d) It shall be the responsibility of the owner of any garbage or solid waste receptacles to clean and maintain same in a nuisance-free condition. An undue accumulation of material on the sides or bottom of the receptacle will constitute a violation of this section. If a bulk receptacle is leased, it shall be the responsibility of the lessor to clean and maintain the receptacle in a nuisance-free condition.
(e) Solid waste shall be removed from all residential buildings and premises at least weekly to prevent odors, harborage of vector organisms and nuisance conditions. Solid waste shall be removed from any building and premises operated for commercial and/or industrial uses at such frequency as the Health Commissioner may determine based upon a review of the types and quantities of solid waste produced.
(f) No person owning, leasing, occupying, or having charge of any lot or premises, shall maintain or keep any nuisance resulting from the improper storage or disposal of solid waste. This includes, but is not limited to, the keeping or deposition on, or the scattering over the premises, of any of the following:
(1) Lumber, building materials, firewood, or construction and demolition debris, scattered or kept in a manner which creates a condition that permits vector harborage or other public health hazard. Lumber, building material and/or firewood should be stored 8-12 inches above ground level.
(2) Any compost pile which is in such a condition as to spread disease, emit noxious odor(s)or harmful gas, or attract or harbor vector organisms. However, the presence of earthworms in a compost pile does not constitute a nuisance.
(g) No person shall place or dispose in any manner, upon any public property or upon the premises of another, any solid waste substance, solid waste, garbage, refuse or material which may become noxious, offensive, injurious, or dangerous to public health or safety.
(h) All solid waste shall be properly disposed at a licensed solid waste facility or an approved recycling center.
(i) Infectious and hazardous waste will be collected, stored, transported, and disposed in accordance with Ohio R.C. 3734.05 thorugh 3734.22.
(Ord. 2006-46. Passed 7-11-06.)
(a) Upon receipt of information of violation(s) of Section 1361.02, the Health Commissioner or his/her designee shall issue a written Notice of Violation to the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of such lots, lands or premises. Such Notice shall state that the solid waste must be collected and removed within seven days after service of the notice. The Notice shall be served by delivering it personally to such person or by sending it by certified mail, return receipt requested, to such person addressed to his or her usual place of residence or to the address listed in the Crawford County tax records. If such Notice is sent by certified mail, and such service has been refused or is unclaimed by the addressee, said Notice may then be served by sending it by regular U.S. Mail. If the address of the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of such lots, lands, or premises is unknown, it is sufficient to publish the Notice once in a newspaper of general circulation in the City.
(b) Every Notice to remove the solid waste and abate the nuisance shall state that if the Notice is not complied with within the time limit provided therein, in addition to the penalty provided in Section 1361.99, any and all costs incurred by the City in the removal of solid waste and the abatement of the nuisance shall be entered upon the tax duplicate and shall be a lien upon such lands.
(c) When a written Notice of Violation has been issued in accordance with the provisions of this section, such Notice shall constitute adequate and effective notice for all enforcement purposes under this chapter with respect to continuing or repeat violations of Section 1361.02 for a period of one year following the date such initial Notice was served.
(Ord. 2006-46. Passed 7-11-06.)
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