533.07 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (a)   No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
   (b)   No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse. (A.O.)
   (c)   No person, firm, corporation or other entity of any kind, shall dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter, junk, trash, rubbish, refuse or debris, of any kind on any public or private property within the City of Paden City, other than property legally designated and set aside for such purposes.
   (d)   Any lot or land shall constitute a public nuisance if it has the presence of debris of any kind, including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are twelve inches or more in height, rubbish, trash, lumber not piled or stacked, bricks, tin, steel, motor vehicle parts, broken furniture, metals, boxes, cartons, bottles, cans, rubber, plastic, paper, glass, appliances, televisions, any flammable material or any material which may endanger the public health, safety and welfare.
   (e)   Upon finding that a public nuisance exists, the Common Council shall give the owner of the property and any person in possession or in charge thereof, written notice of such public nuisance. Such notice shall at a minimum:
      (1)   Describe the condition or conditions which constitute a public nuisance;
      (2)   Order the removal or abatement of such condition within seven (7) days from the date of service of the notice;
      (3)   Inform the property owner that he or she may file a written request for a hearing before the Common Council; and,
      (4)   State that if the property owner fails to remove the nuisance within the time allowed, the Common Council shall cause the condition or conditions which constitute the nuisance to be removed or abated and the cost associated therewith assessed against such property owner.
   (f)   Any person, firm, corporation or other entity which violates this section shall be fined not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00). In addition thereto, the Municipal Court may order restitution to the City of Paden City for any cost incurred in the removal and abatement of such nuisance.
(Ord. 2003-5. Passed 7-21-03.)