(a) Definitions. As used in this section:
(1) “Automobile parts” means parts of any motor-driven vehicle that are detached from the vehicle as a whole.
(2) “Garbage” means all putrescible wastes, except wastes of the human body, other water-carried wastes and vegetable and animal wastes resulting from the handling, preparation, cooking or consumption of foods. Any containers that have contained food or liquids for consumption by humans or other beings shall be classified as garbage.
(3) “Motor vehicle in an operative condition” means any kind of motor-driven vehicle used or useful for the conveyance of persons or property, which vehicle is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten days, or which has not been licensed for operation as required by the Ohio Revised Code.
(4) “Motor vehicle unfit for further use” means any kind of motor-driven vehicle used for conveyance of persons or property, which is in a dangerous condition, has defective or missing parts, or is in such a condition generally as to be unfit for further use as a conveyance.
(5) “Refuse” means only such matter as is either in fact noxious or has been refused by its owner as worthless.
(6) “Rubbish” means wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.
(7) “Scrap metal” means pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its original intended purpose.
(8) “Used building materials” means any materials, such as wood, stone, brick, cement block, or any composition thereof, used or useful in the erection of any building or structure, which have been previously used for such erection or construction by the same persons or by any other person.
(b) Storage of Certain Materials Prohibited.
(1) No person shall store or place used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts, scrap metal, refuse, rubbish or garbage on any lot or parcel of land in the village or allow the same to remain thereon. However, this section shall not apply with regard to a vehicle in an enclosed building, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the village. A violation of this division (b)(1) is hereby declared to be a nuisance.
(2) The owner, occupant or person in control of any private property shall at all times maintain the premises free of refuse and garbage, except that which is contained in covered receptacles for collection.
(c) Order for Removal; Noncompliance.
(1) In the event of a violation of division (b) of this section, the Chief of Police shall give notice to the owner, occupant or person having charge of the premises upon which the violation occurs to cease such violation. Such notice shall be in writing and shall be served upon the owner, occupant or person having charge of the premises either personally or at the usual place of residence of such person, or by registered or certified mail addressed to such person’s last known place of residence.
(2) If the person served with the notice as provided in division (c)(1) of this section fails to cause such violation to cease within ten days of the date on which the notice was issued, he or she shall be subject to the penalty provided in division (e) of this section, and a separate offense shall be deemed committed each day during or on which the violation occurs or continues beyond such ten-day period, and no additional notice of violation is required to be given.
(d) Exception; Building Materials for One’s Own Use. Notwithstanding the provisions of division (b) of this section, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot, part of a lot or parcel of land when such materials are used by the purchaser thereof or the owner of the premises in later construction on the same lot or any lot owned or controlled by such person; provided that such materials shall not remain on said lot, part of a lot or parcel of land for a period of more than 30 days, unless the construction or erection in which such material is to be used has commenced, and provided, further, that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time said materials are first placed on the lot, part of a lot or parcel of land. No person shall move any materials so stored or placed to another location within the village for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, part of a lot or parcel of land when the same have been sold to a bona fide purchaser for value for such purchaser’s own use.
(e) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 4-81, passed 7-13-1981)