(a) Prohibition and Definitions.
(1) Any person owning or having charge of land within the city limits shall not permit the deposit, storage, or maintenance of any considered "junk" on said property.
(2) For purposes of this section, JUNK shall be defined as items that are of little or no economic value as they exist in their present condition, other than value as salvage, as determined by the city, and that are not confined within an industrial zoned area. Items may
include but are not limited to vehicle parts, inoperable riding lawnmowers, other machinery, discarded interior furniture and housewares, mattresses, appliances, or other items determined by the city that may attract rodents or insects.
(b) Order to Clean Up Premises. Upon information of the deposit, storage, or maintenance of junk on any property, the City Manager or his designee shall cause certified written notice to be served upon the owner, occupant, or responsible party having charge of the property, notifying him or her that junk is being deposited, stored, or maintained on the property and that such junk must be removed within 30 days after the service of the notice.
(c) Appeal of Order. Any person owning or having charge of land within the city limits served with the notice provided for in division (b) above may file an appeal of such notice with the Zoning Board of Appeals, acting in its capacity to hear administrative appeals, within 10 days of service of the notice. Said appeal shall be heard by the Zoning Board of Appeals at a regularly scheduled meeting on a date to be determined by the city.
(1) The hearing shall be conducted as follows:
A. Such hearing shall be conducted by the Zoning Board of Appeals.
B. In an appeal pursuant to this chapter, the Zoning Board of Appeals may vote to: sustain the finding that the property in question does constitute a violation of division (a)(1) of this section and order that the junk be removed; continue the matter for a period not to exceed 60 days for further investigation; take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
C. Reverse the finding that a violation of division (a)(1) of this section exists on the property and dismiss the case.
D. A copy of the decision of the Zoning Board of Appeals shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, or person representing the owner, to keep the secretary of the Zoning Board of Appeals appraised of his/her current mailing address. For the purpose of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.
E. A majority of the members of the Zoning Board of Appeals then present must concur that a violation of division (a)(1) of this section exists before enforcement is carried out pursuant to this chapter.
F. A copy of the decision of the Zoning Board of Appeals shall be promptly served upon the owner or owners in the manner provided under division C. above.
G. If the Zoning Board of Appeals denies the appeal, the owner or occupant or other responsible party shall have 14 days to comply with the order.
(d) Failure to Comply with Notice. Any person owning or having charge of land within the city limits that fails to comply with the notice or subsequent decision of the Zoning Board of Appeals, the City Manager or designee shall cause the junk to be removed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by the City Manager, be paid out of the city funds not otherwise appropriated.
(e) The Clerk shall make a written return to the County Auditor of the action taken under this section, with a statement of the charges for its services, the amount paid for the performing of the labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. The amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon the lands from the date of the entry, and shall be collected as other taxes and returned to the city with the General Fund.
(f) Whoever violates or fails to comply with any provision of this section is guilty of a minor misdemeanor.
(Ord. 2-1969, passed 3-10-1969; Ord. 2018-67, passed 7-9-2018)