(a) Litter Prohibited. No person who owns, occupies or is in charge of any parcel of property within the Village shall allow any litter or any condition which is dangerous to the public’s health, safety or welfare to exist on said property.
(b) Notice to Remove Pursuant to Periodic Inspection. The Holmes County Health Department or the Village Police Department or his/her designee is hereby authorized and empowered to notify the owner, occupant or person in charge, of any parcel of private property within the Village to properly dispose of litter or correct any condition on such owner’s property which is dangerous to the public’s health, safety or welfare. Such notice shall be by personal service or registered mail; however, if such methods are unsuccessful, then, by publication in a newspaper of general circulation in the Municipality for two consecutive weeks.
(c) Right of Entry. The Chief of Police or his designee, any contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow them to enter upon private property for such purpose and to remove any property in accordance with the provisions of this section. Any person to whom notice of removal was given shall have the right to remove or house such property in accordance with such notice at his own expense at any time prior to the arrival of the Chief of Police or his authorized representatives for the purpose of removal.
(d) Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner, occupant or person in charge of property to properly dispose of litter or correct conditions dangerous to the public’s health, safety or welfare, the Chief or his designee may cause a criminal complaint to be filed.
(e) Removal by Village. In addition to, or in lieu of said criminal action, the Chief or his designee may, within ten days after receipt of notice provided for in subsection (b) hereof, dispose of such litter or correct such dangerous condition(s), or to order and pay for its disposal or correction by independent contractor or Village employees.
(f) Charge Included in Tax Bill and as Lien Upon Real Estate. When the Village has effected the removal of any such litter or corrected such dangerous condition, or has paid for its removal or correction, the actual cost thereof, plus accrued interest at the rate of eight percent (8%) per annum from the date of the completion of the work, if not paid by such record owner within thirty days after the completion of the work, shall by proper legislation be charged to the record owner of such property on the next regular real estate tax bill and such charge shall operate as a lien upon the real estate and shall be due and payable by such owner at the time of the payment of such real estate tax bill. If the record owner shall fail to pay such bill then due, the Village is authorized to commence foreclosure proceedings in the Common Pleas Court to collect such sum. All funds collected under this subsection shall be returned to the General Fund of the Village.
(Ord. 2002-104. Passed 6-24-02.)