(a) The City's Enforcement Officer, or the Enforcement Officer's designated representative, shall take such action as is necessary to investigate complaints received by the City concerning an alleged violation of the prohibitions set forth in this Chapter. In the event the City's Enforcement Officer, based upon information obtained from the initial investigation, determines that input or assistance is required from any other City department within the City, the Safety Service Director shall direct the other department(s) to provide the City's Enforcement Officer with such assistance and support as is reasonable necessary to complete the investigation.
(b) Upon notice from the City's Enforcement Officer, or the Enforcement Officer's designated representative, that dumping has been, or is being conducted, contrary to the regulations set forth in this chapter, all such dumping 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 dumping activity has been or is being conducted, or person overseeing the dumping activities, and shall state the conditions, if any, under which such dumping activity may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City's Enforcement Officer may require that dumping activities be stopped upon verbal order pending issuance of the written order.
(c) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any assistant law director or other authorized attorney , from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent any unlawful dumping 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, the City's Enforcement Officer or other authorized representative of the City.
(d) 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 dumping activity has or is occurring. Said notification shall give any landowner, lessee, agent, tenant or other person such time as the Safety Service Director, or his designee, deems reasonably necessary, up to a maximum of thirty days (30) days after receipt of the notice, to abate any condition that exist as the result of any unlawful dumping activity that has taken place or that thereafter continues to occur in violation of this section. Upon the request of the land owner, or where applicable, a lessee, agent, tenant or other person having charge of such lands, the safety service director may, upon a showing of good cause, (in the sole discretion of the safety service director) grant an extension of time for the conditions created by the unlawful dumping to be abated.
(e) When the Safety Service Director, or his designee, has directed any City department, employee or agent to abate or remediate the nuisance created by the unlawful dumping, or has paid for all or any portion of the abatement or remediation, the costs shall be certified in an amount equal to the actual cost of manpower and equipment used by the City to abate or remediate the nuisance, plus an administrative fee of three hundred dollars ($300.00). At the direction of the Safety Service Director, an invoice for the costs incurred by the City and the administrative fee shall be issued to the property owner or his agent for payment. In the event the payment is not received within ten (10) days thereafter, the Safety/Service Director shall notify Council which shall take actions necessary to perfect the charges and costs as a tax lien pursuant to ORC 731.54.
(f) Failure to comply with said provisions after written notification has been provided shall be cause for the City to abate without further notice and the cost shall be assessed as provided for in Chapter 1549.
(g) 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 any other method which provides evidence that document has been delivered, including, but not limited to, services such as the United Parcel Service, Federal Express and the U.S. Postal Service, or by publishing it once in a newspaper of general.
(h) When the City has affected the abatement of the conditions or the removal of the materials resulting from the unlawful dumping activities, or has paid for the abatement, remediation or removal, the actual cost thereof associated with said abatement, remediation and/or removal, plus the administrative fee, 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 person or entity who owned the property when the illegal dumping occurred and/or the abatement was undertaken by the City, shall be remain personally responsible for the cost and expense incurred to abate the conditions causes by the illegal and/or improper dumping regardless of whether or not ownership of the property is thereafter transferred to another person or entity. Any and all subsequent purchasers will be liable for the abatement costs assessed to the property.
(Ord. 98-18. Passed 7-16-18.)