(a) For the purposes of this chapter, the term "nuisance" means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety. This includes, but is not limited to, the keeping or depositing on, or the scattering over the premises of any of the following:
(1) Junk, debris, garbage, wastes, trash, putrescible animal and vegetable wastes resulting from the handling, processing, preparation, cooking or serving of food; rubbish, ashes, bottles, wire, oil, papers, cardboard, cartons, boxes, furniture, glass, cans, containers; abandoned, discarded or unused appliances, refrigerators, freezers, motor vehicles, or any parts thereof; tires, combustible or noncombustible waste materials, rags, wood, rubber, leather, tree branches, yard trimmings, metals, mineral matter, plastics, crockery, dust.
(2) Lumber, or other building material scattered or kept in a manner which creates a condition that causes inconvenience, annoyance or alarm to another.
(3) Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, attract or harbor rodents, vermin or other disease-carrying pests, animals or insects, provided that the presence of earthworms in a compost pile shall not constitute a nuisance.
(4) Keeping unsanitary matter on premises. No person shall keep, or permit another to keep, upon any premises deleterious or septic material, unless such material is retained in containers or vessels which deny access to humans, flys, insects, rodents and animals.
(b) No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
(c) No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle to remain on such property longer than two weeks; and no person shall leave any such vehicle on any property within the City for a longer time than two weeks; unless such vehicle is stored in an enclosed garage or other accessory building.
(d) No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety, or any garbage, wastes, trash, putrescible animals and vegetable wastes resulting from the handling, processing, preparation, cooking or serving of food; rubbish, ashes, bottles, wire, oil, paper, cardboard, cartons, boxes, furniture, glass, cans, containers; abandoned, discarded or unused appliances, refrigerators, freezers, motor vehicles, or any parts thereof; tires, combustible or noncombustible waste materials, rags, wood, rubber, leather, tree branches, yard trimmings, metals, mineral matter, plastics, crockery, dust.
(e) No person owning, leasing, occupying or having charge of any premises shall unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure any natural watercourse.
(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, such person is guilty of a misdemeanor of the second degree.
(g) (1) If the owner, lessee, agent or tenant having charge of, or responsibility for, the maintenance of any lot or land fails to comply with the written notice, the Director of Public Safety-Service, or his designee, shall thereupon cause the litter to be collected, removed and lawfully disposed of and for such purpose he may employ the necessary labor to carry out the provisions of this section. All expenses of labor and costs incurred shall, when approved by the Director, be paid out of Municipal Funds not otherwise appropriated.
(2) When the Director of Public Safety-Service causes litter to be removed, as provided in subsection (g)(1) hereof, a statement of the costs hereof shall be mailed to the owner of such land by certified mail, return receipt requested. Such statement of cost shall include the following costs to the City:
A. Administration and supervision.
B. Transportation of equipment.
C. Equipment rental.
D. Equipment operator.
E. Incidental labor.
The fee to be charged shall be the minimum hourly charges of seventy-five dollars ($75.00) for the first hour or portion thereof and sixty dollars ($60.00) for each additional hour or portion thereof, or the actual costs incurred by the City, whichever is greater.
(3) If the owner of such land fails to pay the fee charged by subsection (g)(2) hereof within thirty days from receipt of the statement of costs, the Director of Public Safety-Service or his designee, may, but is not required to, commence and pursue the appropriate actions against such owner to collect the amount due to the City. In addition, the Director of Public Safety-Service is authorized to make a written account to the County Auditor of his actions under this section and a proper description of the premises involved. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon the lots or lands from and after the entree and be collected as other taxes and returned to the City's General Fund.
(h) This chapter does not apply to land being used under a Municipal building or construction permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility, or similar business or similar businesses, or a permit or license issued pursuant to Ohio R.C. Chapter 3734, Sections 4737.05 to 4737.12, or Ohio R.C. Chapter 6111.
(Ord. 1988-15. Passed 7-18-88.)