(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. The matter, substance, or waste resulting from the growing, handling, storage, preparation, cooking and/or consumption of food, including animals (including fat and bones), fowl, fish, fruits, and vegetables, including animal and bird feeds.
LITTER. Garbage, refuse, and rubbish, as defined herein, and all other waste material including, without limitation, appliances, roofing material, siding material, broken concrete, broken asphalt, bricks, drywall, tree and shrub stumps, limbs, leaves, grass clippings, branches, automobiles and/or parts of automobiles, and other waste material which, if thrown, stored or deposited, as herein prohibited, tends to create a danger to public health, safety and welfare. The term LITTER shall also include abandoned property. For purposes of this section, abandoned property shall include, but not be limited to, property left on any public right-of-way for a period of 48 hours or longer.
PERSON. Any individual, firm, partnership, association, corporation, company, or organization of any kind.
REFUSE. All putrescible and non-putrescible solid wastes, including, but not limited to, garbage, rubbish, litter, ashes, street cleanings, dead animals, automobile parts, or abandoned automobiles.
RUBBISH. Non putrescible solid wastes consisting of both combustible and non- combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, and similar materials.
(B) Litter on private property prohibited. No person shall throw or deposit litter on any private property within the village, whether owned by such person or not.
(C) Owner to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter.
(D) Clearing of litter by village.
(1) Upon a finding by the Zoning Inspector that litter has been placed on lands in the village, and has not been removed, and constitutes a detriment to public health, the Zoning Inspector shall cause a notice to be served upon the owner or the agent of such owner, to properly dispose of litter located on such owner’s private property and that it must be collected and removed within five days after the service of the notice.
(2) 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.
(3) Action upon non compliance. On the failure, neglect or refusal of any owner or agent notified as aforesaid to properly dispose of litter five days after service as aforesaid, the Clerk-Treasurer and/or the Zoning Inspector shall cause such litter to be removed and may employ the necessary labor to perform such work or cause it to be done by the village.
(4) In addition to the expenses provided above, each violator of this chapter may be assessed an administrative charge of $100 for each occurrence wherein the village was required to serve notice of a violation of this chapter.
(5) In addition to the remedies previously set forth in this section, whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(6) Expenses as a lien. All expenses so incurred by the Clerk-Treasurer or Zoning Inspector and the cost of such notice shall be reduced to writing in the form of a statement and mailed to the owner of the private property involved if his or her address is known. If, after 30 days of such mailing, such amount remains unpaid, the Clerk-Treasurer shall certify the total amount of the expense, the name of the owner of the private property, and a sufficient description of the premises to the Auditor of Summit County or Portage County, depending on the location of the subject property, to be entered upon the tax duplicate, to be a lien on the land from the date of entry, to be collected as other taxes and assessments and returned to the village, pursuant to R.C. § 731.54. The remedy provided for herein shall be in addition to the penalties hereinafter provided in § 93.99(B).
(Ord. 63-1991, passed 11-20-91; Am. Ord. 2014-46, passed 9-3-14; Am. Ord. 2018-80, passed 11-20-18) Penalty, see §
93.99