(A) As used in this section:
(1) GARBAGE means all putrescible wastes, except wastes of the human body, and other water-carried wastes, and includes all vegetable and animal wastes resulting from the handling, preparation, cooking or consumption of food. Any container that contained food or liquid for consumption by humans or other beings shall also be classified as garbage.
(2) JUNK means old or scrap copper, brass, rope, rags, batteries, paper, rubber, lumber, pipe, used building materials and roofing, old scrap iron, steel or other ferrous or nonferrous materials which are not held for sale or remelting purposes by a person customarily engaged in such business having facilities for processing such materials; an inoperable and unlicensed (or not currently licensed), dismantled, partly dismantled or wrecked motor vehicle that has no value except for salvage or junk purposes.
(3) PERSON means the owner, occupant, user or other person in control of the premises.
(4) REFUSE means ashes, crockery, bottles, cans, paper and other wood pulp products, boxes, rags, grass clippings and other cut vegetation, old and discarded clothing, bedding, mattresses, furniture, appliances, rubbish, stone, sand, dirt, nails, pieces of glass, oil and all other similar nonputrescible wastes other than those included in the definition of garbage.
(B) No person shall:
(1) Accumulate, store or dispose of garbage or refuse in any manner other than as provided by the ordinances or health regulations of the village; or
(2) Accumulate or store junk at any place except in a wholly enclosed building or structure, provided that this division shall not apply to a junk yard lawfully operated by one customarily engaged in and having facilities for processing junk.
(C) No person owning, occupying or otherwise having charge of any property shall place or permit to be placed on such property any paper, dirt, ashes, cartons, boxes or any scrap or waste material unless such person takes reasonable steps to secure such matter from being blown or carried onto any street, sidewalk, alley, park, public ground or other property of another person.
(D) In addition to the penalty provided in division (E) hereof, following conviction, and while the conduct prohibited by division (B) and (C) hereof continues, the Village Administrator shall cause a written notice to abate such conduct to be served upon the person convicted and upon the owner of the premises, if other than the person convicted. Such notice shall state the nature of the conduct and the time, not less than 15 days following service of the notice, within which the conduct shall be abated. If by the time stated, the conduct has not been abated, the Village Administrator shall cause it to be abated and shall certify the cost thereof to the Clerk-Treasurer, who shall demand payment of such cost from the person who violated division (B) or (C) hereof. such demand shall be in writing and shall contain a notice that a law suit will be commended to recover the cost of abatement within 15 days from the date of the demand for payment. If such payment is not forthcoming within 15 days from the date of the demand for payment, the Clerk-Treasurer shall notify the Village Solicitor to take all steps necessary, including commencing a law suit, to recover the cost of abatement from the person who violated division (B) or (C) hereof.
(E) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(`94 Code, § 521.10) (Ord. 17-68, passed 10-15-68) Penalty, see § 10.99