(a)   Personnel. The Police Department and the Health Commissioner shall have the authority and the joint responsibility to enforce any and all provisions set forth in this chapter. The authority to charge any person who violates this chapter shall rest concurrently with the Health Commissioner, the Police Department and any authorized deputies and employees of the Health Department. The Health Commissioner shall be responsible for giving all notices required by this chapter.
   (b)   Notice to Owners and Persons in Control.
      (1)   Notwithstanding the penalty contained in Section 527.99, and in addition thereto, when the Health Commissioner ascertains that litter has been placed on lands within the City, a written notice shall be served upon the owner and, if different, upon the person in control, such as lessee, agent or tenant having charge of the littered land, notifying that litter is on the land, and that it shall be collected and removed within 24 hours after there has been receipt of the notice. If removal within 24 hours conflicts with any other time requirement as set out in this chapter, that section shall control. Receipt of notice need not be shown if notice is by publication. It shall be sufficient to: (1) hand deliver such notice to the owner, and if different, the person in control; or (2) mail such notice by certified mail to the owner of such land as listed in the County Auditor's tax lists at the mailing address as shown on such tax lists. If no mailing address is shown on the County Auditor's records, and such address is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Hamilton County. If the owner or other person in control of the land is a nonresident of Hamilton County whose address is known, the notice shall be sent to that address by certified mail.
      (2)   This section shall not apply to land being used under a City building or construction permit or license, a City 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, or Ohio R.C. Chapter 6111.
   (c)   Return of Service. Return of service shall be made to Council by affidavit of the person who hand delivered, mailed or published such notices, and when notice is given by mail, such affidavit shall identify the property by County Auditor's book, page and parcel number, and shall show the name and address of the person to whom the notice was mailed and the date of mailing.
   (d)   Removal by Public Officers. If the owner and, if different, the person in control of any land mentioned in subsection (b) hereof fails to comply with such notice, the Health Commissioner shall cause such litter to be removed, and may employ the necessary labor to perform the task. The Health Commissioner shall report all expenses involved in the removal of such litter, including the cost of service of notice, to Council.
   (e)   Costs as Lien on the Land and Personal Judgment Against Owners and Persons in Control. When litter has been removed in accordance with subsection (d) hereof, the cost thereof shall be a lien on such land from the date such expenses are reported to Council in accordance with such subsection. The Clerk of Council shall certify such cost to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the City in accordance with Ohio R.C. 731.54. The costs of removal may also be recovered by means of a judgment against the owner and, if different, against the person in control, such as lessee, agent or tenant having charge of the littered land.
(Ord. 13-2010. Passed 3-23-10.)