(a) The owner or person in control of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant, or occupied, may set out containers, plastic garbage bags, refuse, or debris for collection at the curb after 4:00 p.m. on the day before regular waste collection, but no later than 7:30 a.m. on the day of regular waste collection for that property. All containers shall be taken in from the curb no later than 8:00 p.m. on the day of regular waste collection.
(b) If the owner or person in charge of any lot or parcel of land places or allows to be placed any containers, plastic garbage bags, refuse, or debris on the curb outside of the times provided herein, or otherwise violates the provisions of this Chapter, the Village Police Department is authorized to cause a notice of violation, or ticket, to be issued in amounts as set forth in Section 923.12(e), and to direct the removal of the garbage or refuse in compliance with this Chapter.
The police officer shall attempt to personally serve the notice of violation upon the owner or person in control. If the owner or person in control is not at the property at the time the notice is issued, the police officer shall leave the notice with an adult at the property, if available, or post the notice in a conspicuous place on the premises or property involved. The police officer serving the notice of violation shall file a return of the service of the notice to be kept on file at the Police Department with a copy to the Director of Public Service and Safety.
(c) If the owner or person in charge of any lot or parcel of land places or allows to be placed any containers, plastic garbage bags, refuse, or debris in violation of this Chapter in a manner or location, or in such amounts or types, that the Director of Public Service and Safety, or their designee, determines it infringes on a public right of way, creates a public nuisance, or is a safety hazard to persons or property, the Director of Public Service and Safety, or their designee, is authorized to cause such containers, garbage bags, refuse or debris to be removed at a time other than that scheduled for regular collection for that property. Such action may be in addition to the issuance of a notice of violation as provided for in Section 923.12(b), but does not require the issuance of a ticket prior to any action by the Director of Public Service and Safety.
(d) When, in accordance with Section 923.12(c) any such containers, garbage bags, refuse, or debris is removed at a time other than that scheduled for regular collection for that property as determined by the Director of Public Service and Safety, or their designee, then after such work is performed, the Village shall give notice by regular mail to the owner or person in charge of such lot or parcel of land, at his or her known address, to pay the cost of such removal, including any overtime costs, which notice shall be accompanied by a statement of the amount of fees. If the same is not paid within thirty (30) days after the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments and collected in accordance with Ohio R.C. 731.54, or the Village may seek recovery of such costs by filing a misdemeanor charge against the property owner involved.
(e) When garbage bags, refuse, waste, or yard waste are improperly placed for collection in accordance with the provisions of this Chapter, the owner or person in control shall be charged at the rate of fifty dollars ($50.00), increasing by that same amount for each additional violation. The minimum charge therefor shall be as follows:
Violations | Minimum Fee |
1st violation | warning |
2nd violation | $50.00 |
3rd violation | $100.00 |
4th violation or more | $150.00 |
(d) Except as provided in Section 923.12(d), whoever violates this section is guilty of a minor misdemeanor.
(Ord. 31-2023. Passed 10-12-23.)