(a) To enforce the provisions of Section 521.08, and to protect the health, safety and welfare of any person, the Chief of Police or his designated representative (collectively the "Chief"), shall have the following authority, functions and duties:
(1) To enforce the provisions of Section 521.08 by conducting inspections and re-inspections, and by issuing notices of violation whenever a premises is used or maintained contrary to the provisions of the section.
(2) To maintain records of inspections and notices/orders issued.
(b) (1) The Chief of Police, or the Chief's duly authorized representative, shall have supervision, control and direction over matters relating to the control of and abatement of litter. The Chief shall have the power and duty to administer and enforce the provisions of Section 521.08 by means of injunctive action, criminal complaints and other remedies available at law.
(2) The Chief of Police is authorized to determine on what premise in the City litter is located. After a determination has been made that litter has been collected, deposited, placed or allowed to remain on any land in the City, it shall be the duty of the Chief to see that the litter is removed.
(c) Inspection - Right of Entry.
(1) The Chief, in enforcing the provisions of Section 521.08, is authorized and directed to make inspections in response to a complaint that an alleged violation of the ordinance may exist, or when he/she has a valid reason to believe a violation of the ordinance is being committed.
(2) Upon presentation of proper credentials, the Chief is authorized, where permission is granted, to enter any premises in the City at reasonable times to perform an inspection of the premises for a violation of Section 521.08. If any owner, or person having charge of a land subject to the provisions of Section 521.08 fails or refuses to permit free access and entry to the land under his or her control, the Chief may apply to a judge of a court of record, pursuant to Ohio Revised Code 2933.21 for a warrant of search to conduct an inspection. The Chief may obtain samples of evidence during inspections.
(Ord. 3-07. Passed 2-15-07.)
(d) Notice of Violation.
(1) Whenever the Chief of Police determines, or has reasonable grounds to believe, that there exists a condition that violates the provisions of Section 521.08 (f), the Chief shall issue a notice setting forth the alleged violation and advising the owner of the land, or the person having charge of the land that such violation must be corrected.
(2) All notices of violation on private property shall be in writing and shall be served on the person from whom action or compliance is required. The notice shall identify the provision of Section 521.08 to which it applies; shall provide a description of the land where the violation is alleged to exist; shall specify a reasonable time, which shall not be less than five days from the service of the notice, for compliance with the order. All notices of violation shall advise the owner, or the person having charge of the land, that if the order is not complied with by the specified date of compliance, that the City may initiate a civil and/or criminal complaint against the owner or person having charge of the land.
(3) A notice of violation shall be served upon the owner or any person from whom action or compliance is required. The notice shall be served by one of the following methods:
A. Certified mail, return receipt requested; or
B. Personal Service; or
C. Residence Service
D. Regular mail service to an address that is reasonably believed to be a place of residence of the owner, or a location at which the owner regularly receives mail; or
E. If the residence of the owner is unknown, by publication one time in a newspaper of general circulation in the city.
(e) Procedure Upon Failure to Comply with a Notice of Violation.
(1) When a notice issued pursuant to this section is not complied with by the owner or person from whom action or compliance is requested, the Chief may:
A. Cause a Criminal Complaint to be filed in a Court of competent jurisdiction.
B. Cause litter to be removed from any land, and with the assistance of the Director of Safety and Service, may employ the necessary labor to perform the task;
C. Upon performance of the labor as provided in division (B) with respect to the removal of litter from the land, the Chief and the Director of Safety and Service shall, with respect to parcel of land, provide a statement of the charges for the services, the amount paid for performing labor, and the fees of the officers who made the service of the notice and return to the City Auditor;
D. Upon receipt of the statement, the City Auditor shall make a return in writing to the Auditor of Ottawa County of such statement which shall be entered upon the tax duplicate of the county.
E. Cause to be filed a Civil Complaint for injunctive relief seeking abatement of the litter, and/or for collections of the amount of expenses paid to employ the necessary labor to remove the litter from the premises. (Ord. 26-22. Passed 9-27-22.)