(a) Definitions. As used in this section:
(1) “Person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(2) “Property” includes any lot, lots, parts of lots, or parcel of land within the corporate limits of the City.
(3) “Trash and debris” includes, but is not limited to, any of the following:
A. “Vehicle parts” includes any part of any motor driven vehicle as detached from the vehicle as a whole.
B. “Garbage” includes all refuse and waste of animals, fish, fowl, fruit, and vegetable matter, and other material or materials so designated by the Public Health - Dayton and Montgomery County or the State of Ohio, liquefied or otherwise, which accumulated in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption, and also includes all refuse arising from the dealing in or storing of the substances.
C. “Litter” includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
D. “Refuse” includes only the matters which are in fact noxious or have been refused and abandoned by the owner as worthless.
E. “Rubbish” includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, brush, including chopped tree branches, bushes, and other similar material other than garbage.
F. “Scrap metal” includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
G. “Used building materials” includes any materials such as wood, stone, brick, cement blocks, or any composition or combination thereof used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
H. “Junk” includes scrap metal; vehicular parts; any dismantled, partially dismantled, non-operative, or discarded items such as machinery, appliances, or equipment; stored outside of a completely enclosed structure. Any item of tangible personal property designed to be used in an environment protected from the elements, such as inside a building, shall be presumed to be junk if the item is stored outside.
(b) Prohibited Conditions. No person shall allow trash and debris to be stored, placed, or be allowed to remain on any property within the corporate limits of the City.
(c) Removal of Trash and Debris upon Premises.
(1) The owner of any property within the corporate limits of the City, whether the same is improved or unimproved, vacant or occupied, within five days of receipt of written notice to do so, shall remove all trash and debris from said property and dispose of it in a manner appropriate for such trash and debris. Written notice may be served by U.S. Mail or by posting upon premises.
(2) Notice issued under this section shall be effective for a period of six months. If trash and debris accumulates upon any property within the corporate limits of the City which has been found to be in violation of this section within the previous six months of said violation, remedy procedures may be taken per division (d) of this section without any additional notices.
(3) This section shall not apply to any property within the corporate limits of the City to which an occupancy certificate has been issued for a business use where the primary purpose of the business is the storage of materials which are defined as trash and debris in this section. Such businesses include, but are not limited to, auto salvage yards, landfills of all types, and/or scrap metal yards.
(d) Remedy of City Noncompliance With Notice; Costs. Five days after the date of service of written notice or posting upon the premises, the City Manager or his or her designee may cause the trash and debris to be removed from the property if the owner, lessee, agent or tenant has not complied with such notice. If the trash and debris is removed by the City due to noncompliance with the notice, or for any other proper reason, all costs associated with the removal of the trash and debris, as well as all administrative costs as determined and regulated by the City Manager, shall be borne by the owner of the property and shall be assessed against said property.
(e) Notice of Assessment; Certification. Whenever possible, a notice of the assessment shall be given to the owner of the property charged therewith or his or her agent, either in person or left at the usual place of residence or sent by U.S. Mail. All assessments not paid within ten days after the giving of such notice shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The remedy provided in this division and in division (d) of this section shall be in addition to the penalty provided in division (f) of this section.
(f) Penalty. Any owner, lessee, agent or tenant, having the care of any property within the corporate limits of the City, who fails to comply with the notice referred to in division (c)(1) of this section within five days after the date of service or posting thereof is guilty of a fourth degree misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which such noncompliance occurs or continues.
(Ord. 5863. Passed 7-5-05; Ord. 6358. Passed 9-18-12.)