(A) Definitions. JUNK, TRASH, LITTER and REFUSE are defined as any and all waste matter, whether reusable or not, that is offensive to the public health, safety or to the aesthetics of the neighborhood, and includes, but not be limited to, wrecked and/or abandoned automobiles, trucks, tractors, machinery of any kind, and parts thereof, stoves, ice boxes, refrigerators, or other airtight or semi-airtight containers that have a capacity of 1½ cubic feet or more and an opening of 50 square inches or more, and that have doors or lids equipped with hinges, latches, or other fastening devices capable of securing such doors or lids, garbage, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, and boxes.
(B) Nuisance. The storage of junk, trash, litter and refuse on private property and not inside a building within the city where such storage is not authorized by the zoning code is a nuisance.
(C) Notices. The City Manager or any city employee designated by the City Manager upon observing any violation of this chapter shall issue a notice directed to the owner of record of the property on which such nuisance exists, as shown in the records of the Warren County Recorder, or to the occupant of such property, or to both. The notice shall describe the violation and shall establish a reasonable time for the abatement of the nuisance by such owner and/or occupant, which time shall be not less than two days not more than ten days following service of the notice.
(D) Service of notice. The City Manager or any city employee designated by the City Manager shall make service and return of the notice upon the owner and/or occupant of the property where such nuisance exists.
(E) Investigation. Following expiration of the time established in the notice for the abatement of the nuisance, the City Manager or any city employee designated by the City Manager shall investigate to determine whether or not the nuisance has been abated. In the event the owner and/or occupant of the property where such nuisance exists has failed within the required time to abate the nuisance, then the person who investigated whether such nuisance had been abated may file a complaint charging violation of this section.
(F) Abatement by city. If the nuisance is not abated within the required time, the City Manager may cause the abatement of the nuisance and shall report the cost thereof to City Council. The City Council may direct its Clerk to make a written return to the Warren County Auditor of the actions of the city pursuant to this chapter with a statement of the charges for the services rendered by or to the city, the amount paid for the performance of any labor to abate the nuisance and the proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the city’s general fund.
(G) Further proceedings. In addition to the remedies set forth in this section, the City Council may authorize the City Attorney to institute such proceedings as may be appropriate to recover the costs of abatement of the nuisance from any owner and/or occupant of the property on which such nuisance was found.
(Am. Ord. 3043, passed 9-28-76; Am. Ord. 6571, passed 1-8-91; Am. Ord. 6752, passed 7-14-92; Am. Ord. 6937, passed 4-12-94) Penalty, see § 517.99