935.16 STORAGE OF RUBBISH AND GARBAGE ON PRIVATE PROPERTY.
   (a)   No person being the owner or occupant of any premises shall maintain or permit to be maintained on the exterior property area of such premises the storage or accumulation of materials including but not limited to out of use or non-usable appliances, auto parts, tires, rugs, rags, broken, dilapidated or unusable furniture, other household furniture or goods, plastic materials, paints or combustible materials, disabled or inoperative machinery or equipment, lumber, building materials, decaying matter of any kind, wood or paper boxes, wearing apparel, grass clippings, trimmings from trees or shrubs, leaves, bagged mulch, woods, ashes, tin cans, aluminum cans, empty containers, glass and metal including all forms of scrap.
   (b)   Exceptions to subsection (a) hereof:
      (1)   To building materials accumulated in the construction, remodeling or repairing of buildings on the premises, provided there is a valid building permit for such construction, remodeling or repairing project and provided that such materials may only be stored or accumulated for a reasonable length of time during such construction, if the same does not constitute a health, sanitary or safety hazard.
      (2)   To trash and waste which is properly placed in appropriate covered containers as prescribed by Codified Ordinance Section 935.04 and located within the premises or at the curb for regularly scheduled trash collection.
      (3)   To wood intended and prepared for the personal use of household residents in a fireplace or wood stove, provided that such wool is cut to fireplace lengths/ diameters and stacked and provided that such wood is utilized during winter months.
      (4)   To compost materials provided that such materials are contained in a compost bin or enclosure, properly turned, properly maintained and provided that such materials do not create a nuisance or otherwise violate City Ordinance. Such compost materials shall not be located between a principal building and a street.
   (c)   Upon finding that rubbish, garbage and/or improperly stored items are accumulating on exterior property areas or have been placed or disposed of on public or private property, and constitutes a detriment to public health, safety or welfare, the Code Administrator or designee shall order removal of such material by a notice of violation. The notice shall be served either personally or by mailing a copy to the owner at his or her usual place of residence by certified mail with return receipt requested. If service of the written notice is not perfected by either of these methods, then the Code Administrator shall cause the notice to be published in a newspaper of general circulation in the City once each week for two consecutive weeks and shall further cause a copy of the notice to be left with the person if any, in possession of the premises, or if there is no person in possession thereof, the Code Administrator shall cause a copy of the notice to be attached to the property. A period of not more than seven (7) days from the date of the letter shall be permitted to effect such removal.
   (d)   Upon failure of the owner, occupant or agent having charge of a property to remove rubbish, garbage and/or improperly stored items within seven (7) days after service of the notice of violation, they shall be subject to prosecution. Any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and remove rubbish, garbage and/or improperly stored items, and the costs shall be paid by the property owner or agent having responsibility for the property. The owner shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty days after receipt of the bill. If costs are not so recovered then the City shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with Ohio Revised Code 715.261.
(Ord. 2021-01. Passed 2-17-21.)