(a) No owner or any lot, place or area within the City, occupant of the land, or the tenant or agent of such owner, shall, without lawful authority, cause, permit, maintain or allow on such lot, place or area, or upon any street right of way, alley or sidewalk abutting the same, the placement or storage of any paper, Fill Material, Garbage, Junk, Manure, Rubbish, Refuse, Trash, waste, or any substance or material, which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(b) No person shall, without lawful authority, cause, permit, maintain or allow anyone to dump any material, including, but not limited to, soil, dirt, clean fill, clean hard fill, construction debris, or any other material that may reduce property values or obstruct the natural flow of water within the City. Specifically excluded from the provisions of this section are those materials that are subject to the regulations and restrictions set forth in Chapter 561 of the Lorain Codified Ordinances.
(c) No person shall fill any portion of a designated Floodway, or any portion of Lake Erie, or any creek, river or other waterway with any materials unless written permission has been obtained from FEMA.
(d) No person shall fill any land within the 100-year floodplain without first obtaining written consent from the city floodplain administrator. All fill material used must comply with all rules and regulations established by FEMA, ODNR, the State, and the provisions of this ordinance.
(e) No person shall fill any land which is not located within a 100-year floodplain without first having submitted an application to, and having obtained a fill permit from the office of the City Engineer. Filling in areas outside the 100 year flood plain must be performed in accordance with the permit obtained from the office of the City Engineer and with approved fill materials.
(f) No person shall dump, stockpile or otherwise store any dirt, soil, clean fill, clean hard fill, construction debris, solid waste, grass clippings, leaves, tree limbs, branches, industrial waste, detritus, or other materials that are not subject to the regulations and restrictions set forth in Chapter 561 of the Lorain Codified Ordinances, on any public or private property not licensed as a solid waste disposal facility, except as provided in this chapter.
(g) Any owner of a motor vehicle, commercial car, trailer, semitrailer, pole trailer or truck who permits or employs another person to use a vehicle and who knows or should have known through due diligence that the vehicle will be used for the purpose of dumping any material upon any Public Property or Private Property in violation of the prohibitions and restrictions set forth in this chapter is guilty of a violation of this chapter.
(h) No person shall cause or allow any person to dump or otherwise dispose of any clean fill, clean hard fill, dirt, construction debris, solid waste or industrial waste on any Public Property or Private Property that is not licensed as a solid waste disposal facility except as provided in this Chapter. Any person or entity who causes, permits or otherwise allows another person to through due diligence that the vehicle will be used for the purpose described in this division is guilty of a violation of this division.
(Ord. 98-18. Passed 7-16-18.)