(a) Applicability. This section shall be considered cumulative and not superseding or subject to any other law or provision for same but rather be an additional remedy available to the City.
(b) Placement of Abandoned Personal Property Prohibited.
(1) It shall be unlawful for any person to abandon personal property upon private property:
A. Without such receiving property owner's consent; or
B. In violation of this or any other applicable law, ordinance or regulation.
(2) Nothing in this section shall be deemed to apply to abandoned personal property authorized to be left on private business property properly operated, licensed, and zoned in the City for the purpose of accepting abandoned property.
(c) Public Nuisance. All abandoned personal property and abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the City.
(d) Notification Procedure. When an enforcement officer ascertains that an article of personal property, having nominal salvage value, lies abandoned or derelict upon private or public property, that officer shall:
(1) Cause a notice to be placed upon such abandoned property in the substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY THIS PROPERTY. TO WIT: (“setting forth brief description of location) is: IMPROPERLY STORED AND IS IN VIOLATION OF (setting forth ordinance or code section violated) AND MUST BE REMOVED WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE OR CLAIMED BY THE OWNER THROUGH WRITTEN NOTICE TO THE CITY; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF PICKERINGTON. OHIO. DATED THIS: (setting forth the date of posting of notice);
SIGNED (setting forth name, title, address and telephone number of enforcement officer.)
Such notice shall be not less than eight inches by ten inches and be sufficiently weatherproof to withstand normal exposure to the elements.
(2) The enforcement officer shall also make reasonable effort to ascertain the name and address of the owner of the abandoned property and, if such address is reasonably available, the officer shall mail by certified mail, a copy of the notice to the owner on or before the date of the posting the above-described notice on the abandoned personal property.
(3) The enforcement officer shall mail, by certified mail, a copy of the above- described notice to the owner of the real property upon which the abandoned personal property is located, as shown by the real estate tax records used by the County, on or before the date of posting such notice.
(e) Removal of Abandoned Personal Property.
(1) If at the end of ten days after posting notice under this section, the owner or any person interested in such abandoned personal property described in the notice has not removed same or notified the City that the owner claims the property is not abandoned, the City may cause the article of abandoned personal property to be removed and destroyed, and the salvage value, if any, of such article shall be retained by the City to be applied against the cost of removal and destruction thereof.
(2) Before sale or destruction, of abandoned property on public or private lands, any owner or lienholder of the abandoned personal property shall be permitted to regain possession thereof upon proof of ownership or lien rights entitling the lienholder to possession, upon payment of storage charges plus an administrative fee as defined the City.
(3) It is unlawful to move abandoned personal property, including inoperative vehicles, from private property to public property after the posting of said property by an enforcement officer.
(4) In the event that the abandoned property is deemed to be an imminent public health and safety hazard, an enforcement officer is authorized to remove the property immediately. Subsequent to the removal of the abandoned property, the City shall make reasonable and diligent efforts to ascertain the owner and take the applicable action. If the abandoned property is on private property, the private property owner shall be provided notice and assessed the cost of removal of the abandoned property and any required clean up of the private property.
(f) Registration of Abandoned Real Property. Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address of the mortgagee and in the case of a corporation or out-of-area mortgagee, the local property management company responsible for the security and maintenance of the property. An annual registration fee in the amount of one hundred fifty dollars ($150.00) shall accompany the registration form. Registration fees will not be prorated. The registration will be valid for the calendar year, or the remaining portion of the calendar year, in which the registration was initially required. Subsequent registration and fees are due January l of each year and must be received no later than January 31 of the year due.
(g) Maintenance Requirements.
(1) Properties subject to this section shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by Federal, State, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
(2) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior surface.
(3) Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required.
(4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
(5) Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing of required landscape and removal or all trimmings.
(6) Pools and spas shall be kept in working order so the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the City's Code of Ordinances and Residential Code of Ohio, as amended from time to time.
(h) Security Requirements.
(1) Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
(2) A “secure manner” shall include, but not be limited, to the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure. Broken windows shall be secured by re-glazing or boarding of the window, if windows are boarded the wood material must be painted to match the existing trim.
(3) Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of the City Code and enforced by code enforcement action. Pursuant to a finding and determination by the City's Mayor’s Court or County Municipal Court, the City may take the necessary action to ensure compliance with this section.
(i) Opposing, Obstructing Enforcement Officer: Penalty. Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this chapter, upon conviction, shall be punished as provided herein.
(Ord. 2011-05. Passed 3-1-11.)