(a) Upon notice from the Safety Service Director, or designated representative, that composting is being conducted contrary to the regulations set forth in this Chapter, all such composting activity shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the property upon which the composting activity is being conducted, or person overseeing the composting activities, and shall state the conditions, if any, under which such composting activity may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the Safety Service Director may require that composting activities be stopped upon verbal order pending issuance of the written order.
(b) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of their assistants, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent any unlawful composting to continue or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or any other applicable law, ordinance, rule, regulation or order of the Safety Service Director or other authorized representative of the City.
(c) The Safety Service Director or his designee shall give written notification to any land owner, or where applicable, lessee, agent, tenant or other person having charge of such lands where any unlawful composting activity is occurring. Said notification shall give any landowner, lessee, agent, tenant or other person three (3) days after receipt of the notice to abate any unlawful composting activity that is occurring in violation of this section.
(d) The notice shall set forth the cost to the City to abate said condition, which shall be in the amount of not less than three hundred dollars ($300.00) per hour.
(e) Failure to comply with said provisions after written notification has been sent shall be cause for the City to abate without further notice and the cost shall be assessed as provided for in Chapter 1547.
(f) The notice may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate involved, or by mailing it to the owner by certified mail, return receipt requested or by publishing it once in a newspaper of general circulation within the City.
(g) When the City has affected the abatement or removal of the unlawful composting activities or has paid for its abatement or removal, the actual cost thereof associated with said abatement shall be assessed to the property as provided by law and/or per legal action initiated by the City of Lorain. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for the abatement costs must disclose this information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the abatement costs assessed to the property.
(Ord. 133-17. Passed 12-18-17.)