(a) It is hereby determined that the storage, collection, parking, leaving, depositing, maintaining, reserving, putting aside for future use, permitting, or allowing to remain on any porch, deck, balcony, patio, or yard other than in a completely enclosed building or structure, certain materials including, but not limited to lumber and other building materials, upholstered furniture, appliances, mattresses, and other similar products not normally intended, designed, built, or manufactured for outdoor use is detrimental to the general health, safety, welfare, and positive appearance and aesthetic appeal of residential neighborhoods and further depreciates the value of property; that such constitutes a public nuisance and that the failure of any owner of property in a residential district to remove such material(s) within fifteen (15) days after notice to do so by the City Manager or Litter Control Officer of the City shall constitute the commission of a nuisance for which the owner of such property shall be liable. (Ord. 2021-91. Passed 11-30-21.)
(b) No person in any residentially zoned district regardless of intent, shall store, collect, deposit, maintain, reserve, put aside for future use, permit, or allow to remain on any porch, deck, balcony, patio, or yard, other than in a completely enclosed building, any of the following:
(2) Lumber or other building materials or equipment except for those materials or equipment related to projects for which a current, valid building permit has been issued.
(3) Upholstered furniture, appliances, mattresses, materials, and other.similar products not normally intended, designed, built or manufactured for outdoor use unless such is located entirely within an enclosed porch attached to the principal residential dwelling.
(c) The provisions of this section shall not apply to the storage or placement upon any property of the following materials:
(1) Firewood intended for consumption in a wood -burning stove, furnace, indoor fireplace or outdoor patio fireplace situated upon the premises of a principal residential dwelling, provided that all such firewood shall at all times be stacked and stored in an appropriate manner and place but in no event upon a porch of a residential dwelling;
(2) Lawn, yard, garden, or playground tools, ornaments, equipment, or implements;
(3) Lawn or patio furniture and grills normally designed, built or manufactured for outdoor use;
(4) Standing fences;
(5) Hoses or sprinklers used for watering lawns or gardens;
(6) Materials used in connection with commercial activities conducted upon the premises where such storage, placement, and accumulation of materials have been expressly authorized by the City;
(7) Construction materials and equipment used for the construction, renovation, or demolition of a building located on the premises for which a current building or demolition permit has been issued;
(8) Watercraft, recreational vehicles, and trailers in compliance with Section 1185.42 of the Zoning Code.
(9) During a lawful garage or yard sale in compliance with Section 1185.18 of the Zoning Code; and
(10) Materials that are lawfully placed for refuse collection not more than sixteen hours prior to pick up.
(d) As used in this section:
(1) "Building materials" include but are not necessarily limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts, shingles, mortar, concrete or cement, nails, screws, or any other materials or equipment generally used in construction;
(2) "Enclosed porch" means a porch enclosed by fully intact screens consisting of framed wire mesh or framed plastic mesh used to prevent intrusion by insects but permitting airflow.
(3) "Owner" means the actual, titled owner whether individual, partnership, public or private association, or corporation, firm, trust, estate, governmental entity, public utility, or any other legal entity whatsoever, as determined from the deed records of Jefferson County, Ohio.
(4) "Person" means an individual, partnership, public or private association or corporation, firm, trust, estate, governmental entity, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and responsibilities.
(5) "Porch" means a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. lf a porch is uncovered, it shall be considered to be a deck.
(6) "Yard" means an open unoccupied space, other than a courtyard, on the same lot or site with a building or group of buildings, lying between any part of a building and the nearest lot line, and which is open to the sky.
(e) Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove material(s) in violation from any public or private property, or in or on any waters. Each day of noncompliance after the five days' notice is deemed to be a separate violation.
(f) In addition to the provisions of subsections (a), (b), (c), (d) and (e) hereof, any person within the City who receives a notice from the City Manager that material(s) are deposited on lands owned or controlled by him; the material(s) shall be collected and removed from the property within five days after service of the notice. If such owner or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to the address by certified mail; if the address of such owner is unknown, it shall be sufficient to publish the notice in a newspaper of general circulation in the City.
(g) Any Litter Control Officer, police officer, Clerk or Deputy Clerk of Council or the City Manager may make service or return of the notice provided for in this section. If the owner, lessee, agent or tenant having charge of the lands fails to comply with the notice, then the City Manager shall cause the material(s) in violation to be collected and removed from the property and the expenses so incurred shall be deemed to be approved by Council.
(h) Upon the removal of material(s) and receipt of all charges included herein, including fees of officers making service upon the person having charge of such lands, then a return letter shall be made to the County Auditor by the Clerk of Council with the proper description of the premises with a request that such amount be entered upon the tax duplicate and made a lien upon such lands from and after the date of the entry and be collected as other taxes and be returned to the Municipality according to law.
(i) The remedy contained herein for the material(s) in violation to be removed and for the declaring of failure to do so a public nuisance shall be construed and reprinted as such
supplemental remedies and not complete remedies.
(Ord. 2017-10. Passed 2-21-17.)