(a) Personnel. The duly appointed Building Inspector and the Mayor shall have the authority and the joint responsibility to enforce any and all provisions set forth in this chapter. The authority to charge any person who violates this chapter shall rest concurrently with the Police Department and the Mayor. The Police shall be responsible for giving all notices required by this chapter.
(b) Notice to Owners and Persons in Control.
(1) Notwithstanding the penalty contained in Section 531.99 and in addition thereto, when the above official ascertains that litter has been placed on lands within the City, a written notice shall be served upon the person in control, such as lessee, agent or tenant having charge of the littered land, notifying that litter is on the land, and that it must be collected and removed within fifteen days after the service of the notice. It shall be sufficient to hand deliver such notice to the owner, and, if different, the person in control, or mail such notice to the owner of such land as listed in the County Auditor’s tax lists at the mailing address as shown on such tax lists. If no mailing address is shown on the County Auditor’s records, and such address is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in Tuscarawas County. If the owner or other person in control of the land is a nonresident of Tuscarawas County whose address is known, the notice shall be sent to that address by certified mail.
(2) This section shall not apply to land being used under a City building construction permit or license, a City permit or license or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility or similar business.
(c) Removal by Public Officers. If the owner and, if different, the person in control of any land mentioned in subsection (b) hereof fails to comply with such notice, the Mayor shall cause such litter to be removed, and may employ the necessary labor to perform the task. The Mayor shall report all expenses involved in the removal of such litter, including the cost of service of notice to Council.
(d) Costs as Lien on Land and Personal Judgment Against Owners and Persons in Control. When litter has been removed in accordance with subsection (c) hereof, the cost thereof shall be a lien on such land from the date such expenses are reported to Council in accordance with such section. The City Auditor shall certify such cost to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the City in accordance with Ohio R.C. 731.54. The costs of removal may also be recovered by means of a judgment against the owner and, if different, against the person in control, such as lessee, agent or tenant having charge of the littered land.
(Ord. 12-96. Passed 6-27-96.)