917.02 NOTICE TO REMOVE LITTER, JUNK OR TRASH.

   (a)   Upon information that litter, junk or trash has been allowed to collect, accumulate or remain upon any lot, lands or premises in the City in violation of Section 917.01, the Director of Public Service or his designee shall issue a written notice of violations to the owner and/or upon the lessee, agent, tenant or person having charge of or responsibility for maintenance of said lot, lands or premises that such litter must be collected and removed within ten days after service of the notice. This notice shall be served by sending it by regular U.S. mail or by personal service to the owner and/or to the lessee, agent, tenant or person having charge of or responsibility for maintenance of any such lot, lands or premises, at his/her address.

   (b)   If the address of the owner, lessee, agent, tenant or person having charge of or responsibility for such lot, lands or premises cannot be ascertained with reasonable diligence, it is sufficient to publish the notice once in a newspaper of general circulation in the County.

   (c)   Every notice to remove litter, junk or trash shall state that if the notice is not complied with within the time limit provided therein, in addition to the penalty provided in Section 917.99, the Director or his designee may pursue either or both of the actions provided in Section 917.03(c) or (d).

   (d)   When a written notice of such violation has been issued in accordance with the provisions of this section, such notice shall constitute adequate and effective notice for all enforcement purposes under this chapter, with respect to continuing or repeat violations of Section 917.01, for a period of one year following the date such initial notice is given.

(Ord. 24-039. Passed 3-5-24.)

917.03 FAILURE TO COMPLY.

   (a)   If the owner, lessee, agent, tenant or person having charge of, or responsibility for, the maintenance of any lot, land or premises fails to comply with the written notice, the Director of Public Service or his designee shall thereupon cause the litter, junk or trash to be collected, removed and lawfully disposed of and for such purpose he may employ the necessary labor to carry out the provisions of this section. All expenses of labor and costs incurred shall, when approved by the Director or his designee, be paid out of municipal funds not otherwise appropriated.

   (b)   When the Director or his designee causes litter, junk or trash to be removed, as provided in subsection (a) hereof, a statement of the costs shall be mailed to the owner of such lot, land or premises by certified mail, return receipt requested. Such statement of cost shall include the following costs to the City, as determined by ordinance or actual costs:

      (1)   Administration and supervision.

      (2)   Transportation of equipment.

      (3)   Equipment rental.

      (4)   Equipment operator.

      (5)   Incidental labor.

      (6)   Disposal fees.

   Disposal fees shall be a minimum of one hundred fifty dollars ($150.00) per truck load. Administration and supervision shall be a minimum two hundred dollars ($200.00) per incident.

   (c)   If the owner of such lot, land or premises fails to pay the fee charged by subsection (b) within thirty days from receipt of the statement of costs, the Director or his designee may commence and pursue the appropriate actions against such owner to collect the amount due to the City.

   (d)   The Director or his designee is authorized to make a written account to the County Auditor of his/her actions under Section 917.01 to 917.03 , and a proper description of the lot, land or premises involved. Such amounts, when allowed, shall be entered upon the tax duplicate and shall be a lien upon the lots, lands or premises from and after the date of the entry and be collected as other taxes and returned to the City’s General Fund.

(Ord. 24-039. Passed 3-5-24.)

917.04 EXCEPTIONS.

   This chapter does not apply to land being used under a Municipal building or construction permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility or similar business or similar businesses, or a permit or license issued pursuant to Ohio R.C. Chapter 3734, Ohio R.C. 4737.05 to 4737.12 or Ohio R.C. Chapter 6111.

(Ord. 94-150. Passed 6-21-94.)