(A) This section shall be administered and enforced by Village Administrator and the Police Department Chief and/or their designated staff. They shall investigate all requests under this section and shall have the power to order the nuisance abated.
(B) Unlawful to store certain materials. It shall be unlawful and a nuisance per se to store, place or allow to remain on any lot, lots, parts of lots, porches, or parcel of land within the corporate limits of the Village, used building materials of wood, stone, brick, cement block or any composition thereof, cans, bottles, rope, paper, rags or any offensive material or materials of an unsightly and unsanitary nature.
(C) Unlawful to store motor vehicles.
(1) It shall be unlawful and a nuisance per se to store, place or allow to remain on any lot, lots, parts of lots or parcel of land within the corporate limits of the village, motor vehicles in an inoperative condition, motor vehicles unfit for further use or automobile parts. Motor vehicles unfit for further use, hence being defined as "abandoned junk motor vehicle", as defined in R.C. § 4513.63.
(2) Nothing in this section shall be construed to prohibit the storage of the herein defined materials in a completely enclosed structure, building and/or garage as those terms are defined in the zoning code. For purposes of this section, a fence, no matter how permanently affixed to real estate, shall not constitute a structure.
(D) Abandoned refrigerators and airtight containers. No person shall abandon, discard, or knowingly permit to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semi-airtight container, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
(E) Storage for own use excepted. Nothing herein contained shall be construed to prevent any person or persons from purchasing used materials and placing or storing them on any lot, lots, parts of lots, or parcel of land when such materials are to be used by the purchaser or owner for later construction on the same lot or any lot owned or controlled by such purchaser or owner of such materials, provided that such material shall not remain on such lot, lots, parts of lots, or parcel of land for a period of more than 30 days, unless the construction or erection planned for the use of the materials has been commenced, using the materials within the period hereinabove set forth. The construction must be diligently prosecuted and all materials used or removed from the premises within a period of four months from the time the materials were first placed on the lot, lots, parts of lots, or parcel of land, It shall be unlawful for any person to move any materials so stored or placed in another location within the corporate limits of the village for the purpose of avoiding the intent of this chapter. Excepting that any such materials may be moved to another lot, lots, pail of lots, or parcel of land when the same have been sold to a bona fide purchaser for value for their own use.
(F) Business exception.
(1) Nothing herein contained shall be construed to prevent any person or persons who are lawfully engaged in the business of automobile repair from placing and/or storing any of the material herein defined in division (C) of this section, provided that such material shall not remain on such lot, lots, parts of lots or parcel of land for a period of more than 30 days, unless the repair for such automobiles has been commenced and is being diligently prosecuted. In any event, all such automobiles or automobile parts shall be removed from the premises within a period of 60 days from the time the material was first placed on the lot, lots, parts of lot or parcel of land. No person shall move any materials so stored or placed in another location within the corporate limits of this village for the purposes of avoiding the intent of division (C) of this section. Excepting, however, that any such materials may be moved to another lot, lots, parts of lots or parcel of land when the same has been sold to a bona fide purchaser for value for their own use.
(2) Further, nothing herein contained shall be construed to prevent any person or persons lawfully engaged in the business of a towing service from placing and/or storing any of the material herein defined in division (C), provided that such material shall not remain on such lot, lots, parts of lots or parcel of land for a period of more than 30 days, unless removal is being diligently pursued. In any event, all such automobiles or automobile parts shall be removed from the premises within a period of 60 days from the time such material was first placed on the lot, lots, parts of lots or parcel of land.
(G) Permissible to store in building. Whenever any of the materials herein defined, excepting manure, dead or decaying vegetable matter, or offal, are placed, stored, or allowed to remain on any lot, lots or parts of lots within the corporate limits of the village, and the same are placed or stored in a building or structure which completely encloses the materials therein, then the materials may remain therein so long as they do not become a breeding place for rodents or other unhealthy or harmful animals or insects.
(H) Moving structure or parts of to new location. Whenever a building or structure or parts thereof used or formerly used as a place of human habitation are moved from their original locations to a location within the corporate limits of the village, such buildings, structures, or parts thereof, if intended for further human habitation, shall be placed in a livable condition, including proper water and sewage facilities and necessary repairs and construction, within a period of four months from the day the same is placed on the lot, lots, parts of lots or parcel of land.
(I) Licensed junkyards an exception. Nothing herein contained shall apply in any way to duly authorized and licensed junkyards in the village.
(J) Full-time licensed contractors and plumbers excepted when zoning permits. Nothing contained herein shall apply to a duly licensed contractor, plumber or person regularly engaged in the business of contracting, who stores or causes to be stored any materials, equipment or merchandise regularly used in the conduct of his business, provided that such person, firm or corporation must be engaged full time in such contracting, plumbing or business of contracting, and such materials, equipment or merchandise shall only be placed or stored on a lot, lots, parts of lots or parcel of land in those areas now or hereafter zoned "business " or "industrial," under the zoning code of the village.
(Ord. O-2014-05, passed 1-27-2015) Penalty, see § 174.999
Statutory reference:
Similar state law, see R.C. § 3767.29