(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE PARTS. Any portions or parts of any motor-driven vehicle detached from the vehicle as a whole.
GARBAGE and OFFAL. All refuse and waste of animals, fish, fowl, fruit and vegetable matter, and any other material so designated by the Department of Health of the county or of the state, liquefied or otherwise, which accumulated in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption. The term also means and includes all refuse arising from the dealing in or storing of such substances.
MOTOR VEHICLE IN AN INOPERATIVE CONDITION. Any style or type of motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power and which has remained in such condition for a period of not less than ten consecutive days.
MOTOR VEHICLE UNFIT FOR FURTHER USE. Any style or type of motor-driven vehicle used for the conveyance of persons or property which is in a dangerous condition because of defective or missing parts or is in such a condition generally as to be unfit for further use as a conveyance.
REFUSE. Only such matters as were either in fact noxious or that have been refused and abandoned by the owner thereof as worthless.
RUBBISH. Wires, chips, shavings, bottles, broken glass, crockery, tin, cast, or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes, or any waste material other than garbage and offal.
SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or other material, whether intact or in parts, which have served their usefulness in their original form and can no longer be used or useful for their originally intended purpose.
USED BUILDING MATERIALS. Any materials, such as wood, stone, brick, cement blocks, or any composition or combination thereof, used or useful in the erection of any building or structure, and which have been used previously for such erection or construction by the same person or other persons.
(B) Undesirable accumulations. Except as provided in division (D) below, no person shall store, place, or allow to remain on any lot, part of a lot, or parcel of land in the village used building materials, motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, scrap metal, refuse, or rubbish. A violation of this division (B) is hereby declared to be a nuisance.
(C) Notice to cease violations.
(1) In the event of a violation of any of the provisions of this section, the County Sheriff’s Office shall give notice to the owner, occupant, or person having charge of the premises upon which the violation occurs to cease such violation. Such notice shall be in writing and shall be served upon the owner, occupant, or person having charge of the premises either personally by a member of the Police Department or by registered or certified mail addressed to the usual place of residence of such owner, occupant, or person having charge of such premises or to such person’s last place of residence.
(2) If the person served with the notice provided for in division (C)(1) above fails to cause such violation to cease within ten days of the date upon which the notice was issued, he or she shall be subject to the penalty provided in § 92.99.
(D) Construction materials. Notwithstanding the provisions of division (B) above, it shall not be unlawful to purchase used building materials and place or store them on any lot, part of a lot, or parcel of land when such materials are to be used by the purchaser or owner in later construction on the same lot or on any lot owned or controlled by the person, provided that such materials shall not remain on the lot, part of a lot, or parcel of land for a period of more than 30 days unless the construction or erection plan for the use of the materials has commenced; and provided, further, that such materials are used or consumed in the construction or removed from the premises within four months from the time the materials are first placed on the lot, part of a lot, or parcel of land. No person shall move any materials so stored or placed to another location within the village for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, part of a lot, or parcel of land when the same have been sold to a bona fide purchaser for value for such purchaser’s own use.
(E) Garbage and offal.
(1) Garbage and offal shall not be permitted and shall not remain exposed in any building or on any premises for a period longer than is reasonably necessary to remove and deposit the same in a waste container of substantial watertight construction with a tightly fitting lid.
(2) It shall be the duty of any person producing or having garbage and offal to cause it to be removed by persons properly authorized to places permitted by the appropriate governmental authority. (Prior Code, Part Six, Appendix A, § 45) (Ord. 86-5, passed 5-12-1986; Ord. 86-13, passed 7-14-1986) Penalty, see § 92.99