(a) Compliance. No property owner or person in charge of premises shall maintain or cause to be maintained a compost pile within the City except in full compliance with the provisions of this section.
(b) Compost Pile Defined. As used in this section, "compost pile" means any outdoor pile of organic waste matter permitted to decompose for use on the property where the compost pile is maintained.
(c) Ingredients. A compost pile may consist of combinations of leaves, grass clippings, garden plant and vegetable trimmings, fruit and vegetable matter, nitrogenous based chemicals or fertilizers, lime and water. A compost pile shall not have within it any carnivorous animal manure, vegetable substances other than those specifically permitted herein, grease, meat, bones, fats or other food scraps or dead animals.
(d) Formation. A compost pile shall be started at ground level and shall be layered in alternate layers of six to twelve inches separated by nitrogen based chemicals and/or fertilizers and/or lime, and no such pile shall exceed five feet in height above ground level. Compost piles may also contain layers of soil and herbivore manure. Composting may also be done within a wholly confined composter.
(e) Location. A compost pile shall be located only in the rear yard of the owner or other person lawfully in charge of the property or premises, and no closer than fifteen feet from any principal adjoining residential structure on or off the lot.
(f) Noxious Odors. Compost pile shall be maintained in a manner so as not to cause any offensive or noxious odors.
(g) Removal. Any compost pile in the City which is found to be in violation of this section shall be completely brought into compliance or removed within seven days after receipt of a written notice from the City to the owner or other person lawfully in possession of the property on which the compost pile is located. Failure to remove a compost pile pursuant to such a notice shall be deemed a criminal violation of this section.
(h) Noncompliance; Remedy of City. If such property owner or other person lawfully in charge of the premises upon which the compost is located neglects or refuses to obey such notice as provided for herein above, then the Director of Public Service or a properly authorized employee or agent of the Director or the Department of Public Service shall be and is hereby authorized to bring the compost pile into compliance or remove the compost pile at the expense of such owner or other person having charge thereof. All expenses incurred by the City for removal and disposition of a compost pile, together with an administrative charge of fifty dollars ($50.00) for each such removal, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner and/or person in charge of the property from which the compost pile was removed. If, after thirty days, such amount remains unpaid, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the Cuyahoga County Auditor to be entered upon the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City pursuant to Ohio R.C. 731.54.
(i) Penalty. Any person violating any provision of this section is guilty of a minor misdemeanor upon a first offense, and a fourth degree misdemeanor upon being found guilty of any subsequent offense.
(Ord. 17-94. Passed 5-9-94.)