521.11   STORAGE OF WASTE MATERIALS PROHIBITED.
   (a)   Storage or accumulation prohibited. No owner or occupant of any premises shall permit household, commercial or industrial waste matter such as ashes, cinders, tin cans, glass, bottles, straw, excelsior, waste paper, rags, wood or paper boxes, tree or shrub trimmings, automobile parts, discarded furniture, appliances, tires, or other forms of scrap, waste material or trash, to be stored or to accumulate on premises within this City, other than refuse stored in containers which will secure all materials.
   (b)   Notice to Remove Waste Materials.
      (1)   Upon information that waste materials, as specified in division (a) of this section, have accumulated on the premises within this City, the Chief Building and Zoning Official, or any person within such department designated by him or her, shall cause a one-time written notice to be served upon the owner, lessee, agent or tenant having charge of such land notifying him or her that waste materials have accumulated on the premises and that they shall be removed within five days after service of such notice.
      (2)   Such notice shall be served by delivering the same personally to such person if he or she resides within the corporate limits of the City, by leaving such notice at his or her usual place of residence or by sending the same by certified mail, return receipt requested, addressed to his or her usual place of residence or to the address listed in the Franklin County tax records. If the owner or other person having charge of such land is a nonresident whose address is known, such notice shall be sent to his or her address by certified mail, return receipt requested, or by regular postal service if such certified mail has been refused by the addressee.
      (3)   If, at the discretion of the Chief Building and Zoning Official and/or his or her designee, it shall be determined that this is an on-going problem with a specific property, he or she may be empowered to issue a summons to the owner of record or present tenant for Mayor’s Court without such service as stated in this division (b).
   (c)   Failure to Comply After Notice.  The Chief Building and Zoning Official and/or his or her designee shall determine that the waste on a particular property constitutes a hazard and/or nuisance, and, at his or her discretion, he or she shall cause the hazard and/or nuisance to be eliminated by use of City forces and equipment, or by the hiring of private individuals and equipment.
      (1)   All expenses incurred shall be paid out of funds appropriated by Council upon vouchers approved by the Director of Finance.
      (2)   In the event that the owner or other persons in charge thereof fail to pay such expenses within five days after being notified in writing of the amount thereof by the Chief Building and Zoning Official and/or his or her designee, such expenses shall be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments. Such expenses shall include the cost of preparing and serving notices and of the ownership investigation required. Such cost shall be $50 per services, plus any appropriate fees and/or fines. The notification of expenses incurred by the Code Enforcement Officer may be made by ordinary mail addressed to the owner at the address listed in the County tax records.
   (d)   Penalty.  Whoever violates this section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. C49-91. Passed 7-1-91; Ord. C26-93. Passed 3-15-93; Ord. C18-97. Passed 4-7-97; Ord. C92-99. Passed 12-6-99.)