(a) Definition. As used in this section, 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.
(ORC 731.51(B)
(b) Placing or disposing of litter prohibited. No person shall, without lawful authority, place or dispose of litter in any manner, upon any public property or upon the premises of another.
(c) Notice to collect and remove. Upon a finding by the Director of Public Service that litter has been placed on lands in the City and has not been removed and constitutes a detriment to public health, the Director or his designated agent of the City shall cause a written notice to be served upon the owner or person having charge of the littered land, notifying him or her that such litter must be collected and removed within five days after the service of the notice. If the owner or person having charge of such land is a nonresident of the City whose address is known, such notice shall be sent to his or her address by certified mail. If the address of the owner or other person having charge of such land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the County.
(d) Officials authorized to make service and return. Any police officer, clerk or other designated agent of the Director City may make service and return of the notice provided for in subsection (c) hereof.
(e) Noncompliance; remedy of city. No owner or person having charge of littered land shall fail to comply with a notice to collect and remove such litter. In the event of noncompliance, and in addition to the penalty provided in subsection (h) hereof, the Director or his or her designated agent shall City may cause such litter to be removed. All expenses and labor costs incurred shall, when approved by the Director or his or her designated agent, be paid out of Municipal funds not otherwise appropriated.
(ORC 731.53)
(f) Collection of costs. The Director or his designated agent City shall make a written return to the County Auditor of his, her or its action under subsections (c), (d) and (e) hereof with a statement of the charges for his services, the amount paid for the performance of such labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises with a request that such amounts be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and return to the City according to law.
(ORC 731.54)
(g) Certain lands exempted. This section does not apply to land being used under a Municipal building or construction permit or license, a Municipal permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility, or similar businesses, or a permit or license issued pursuant to Ohio R.C. Chapter 3734, Ohio R.C. 4737.05 to 4737.12, inclusive, or Ohio R.C. Chapter 6111.
(ORC 731.51(B)
(h) Penalty. Notwithstanding the provisions of subsection (c), (d), (e) and (f) of this section, whoever violates any of the provisions subsections (b) or (e) of this section is guilty of a minor misdemeanor on the first offense; on the second and subsequent violations, such person shall be guilty of a fourth degree misdemeanor. A separate offense shall be deemed committed each day during or on which a violation of subsection (e) occurs or continues.
(Ord. O2004-25, passed 3-16-2004)