§ 136.29 ACCUMULATION OF JUNK, RUBBISH, OR REFUSE PROHIBITED.
   (A)   No person, group of individuals, owner, tenant, or entity shall allow the accumulation of junk, trash, rubbish, or refuse outside of an enclosed structure upon real property upon which the person, persons, or entity has ownership or control.
   (B)   For the purposes of this section, an enclosed structure shall have four sides or four walls and a ceiling or lid.
   (C)   For the purposes of this section “JUNK, TRASH, RUBBISH, OR REFUSE” shall be defined as construction and demolition debris, such as bricks, concrete, masonry materials, plaster, drywall, plumbing fixtures, electrical fixtures, roofing shingles and other roof coverings, and asphalt; the scattered remains of something broken or destroyed; animal and vegetable wastes; hazardous waste; items of no practical or functional utility; discarded, used or unconsumed substances or waste, such as paper products, cardboard, glass, plastic or metal products, discarded or nonfunctional automotive parts and tires, discarded furniture or furniture not designed for or modified to withstand the elements and outdoor use, abandoned or nonfunctional appliances; construction materials that have been exposed to outdoor elements for such a period of time that such material has substantially deteriorated; or any other item that has been exposed to outdoor elements for such a period of time that such material has substantially deteriorated.
   (D)   The owner or owners of the real estate on which the junk, trash, rubbish, or refuse is found, the owner or owners of the offending property or junk, the person, persons, or entity residing at the real estate where the junk, trash, rubbish, or refuse is found, and the person, persons or entity who placed the junk, trash, rubbish, or refuse upon the property shall each be individually and jointly and severally liable and responsible for the junk, trash, rubbish, or refuse.
   (E)   All responsible persons or entities shall be guilty of a violation of this section and, upon conviction, shall be fined pursuant to § 136.99. Each day the junk, trash, rubbish, or refuse remains on the real property after the time permitted for abatement expires shall be a separate offense.
   (F)   The City Attorney may seek a court order for the removal and disposal of the junk, trash, rubbish, or refuse pursuant to § 136.32.
   (G)   Nothing in this section shall be construed so as to limit or detract from the provisions of state laws, and this section shall not be construed so to legalize conditions which are nuisances at common law, or to preclude any remedies available at common law or in equity.
(Am. Ord. 2007-O-12, passed 10-8-07) Penalty, see § 136.99