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(a) No owner or occupant of any premises within the City shall maintain such premises in a vermin or rat-infested condition or permit any such premises to become infested with rodents or vermin.
(b) No building or structure shall be erected, repaired, altered or extended in the City unless provision is made for rat-proofing such structure.
(c) It shall be the duty of the Director of Health to cause an inspection of any premises in the City which he has good reason to believe is not in a ratproof condition. If such premises is found to be vermin or rat-infested, a notice in writing bearing the date of issue and signed by the Director of Health, or his duly authorized representative, shall be served upon the owner or occupant thereof. Such notice shall state the conditions of such premises and the required corrections to be made.
Any such notice may be served by any employee of the Department of Health or Police, or may be served by depositing the notice, enclosed in a postpaid envelope addressed to the person to be notified, in the post office of the City.
(d) After the owner or occupant of any premises has been so notified by the Director of Health, or his duly authorized representative, that such premises are vermin or rat-infested, it shall be the duty of such owner or occupant to take immediate measures to remedy such condition.
(e) No person shall remove, damage or destroy any part of any building or other appurtenance of improved real estate premises intended to protect such premises against ingress of rats, or in any other way intended to create a condition by which ingress of rats is made possible. This subsection shall not apply where the interference with the ratproofing is made necessary in connection with a lawful construction which is promptly restored.
(f) No person shall throw, place or deposit, or permit any person under his control or employment to throw, place or deposit, any putrid substance, night soil, filth of any kind, garbage, rubbish, refuse piles, old lumber or other rat harborages or any unwholesome material, in or upon any vacant lot, alley, lane, sidewalk or street, canal, lake or river or upon any private lot or public ground within the City without the consent of the Department of Health.
(Ord. 8176-75. Passed 2-24-75.)
(g) Whoever violates subsection (f) hereof shall be fined not more than one thousand dollars ($ 1,000) or imprisoned not more than six months, or both, but no person shall be imprisoned for his or her first offense of subsection (f) hereof and the prosecution shall always be as and for the first offense unless the affidavit upon which the prosecution is instituted contains an allegation that the offense is a second or repeated offense. Whoever violates any subsection of this section, other than subsection (f), is guilty of a minor misdemeanor.
(Ord. 10724/94. Passed 10-26-94.)
(a) Noxious Weeds, Grass to be Cut.
(1) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of the following described lots or lands within the Municipality shall be required to cut noxious weeds, grass or other types of vegetation as hereinafter described:
A. All sublots in a recorded subdivision in their entirety.
B. All land which lies within twenty feet of a lot line which is adjacent to lots or lands upon which a residential or commercial building exists.
C. All land which lies within 100 feet of a dedicated thoroughfare.
(2) Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of any lot or land described in this section shall be required to cut all such weeds and vegetation such as Russian, Canadian or common thistle, wild paraley, ragweed, milkweed and ironweed, as well as all other noxious weeds, grass or other types of vegetation growing or being upon the lots or land as aforesaid by cutting to a height not over six inches. Any growth of such noxious weeds, grass or other vegetation over such height or reaching maturity is hereby declared a nuisance.
(b) Notice to Owner to Cut. The Board of Health is hereby directed to monitor the growth of weeds upon all lands within the City continually during the growing months, and upon determination that weeds on any lands are, or are approaching such growth as indicated in subsection (a) hereof, so as to become injurious or harmful to the residents of the City, notice thereof shall be sent in accord with Ohio R.C. 731.51 to the owner, lessee, agent or tenant having charge of such lands to cut and destroy the weeds or grass within five days of service of such notice.
(c) Failure to Comply with Notice. Upon failure to comply with the notice in subsection (b) hereof within the prescribed time to cut and destroy noxious weeds and grass the Board of Health shall immediately notify the Operations Department of the location of such lands and the Operations Department shall forthwith cut and destroy such weeds and grass.
(d) Costs. The Operations Department shall keep an accurate record of the cost of such cutting and shall immediately cause to be sent to the proper person as required by Ohio R.C. 731.53 a statement for such cost of each cutting required during the growing months which shall be immediately due and payable.
The minimum fee to be charged shall in no case be less than one hundred five dollars ($105.00) for the first hour or portion thereof and one hundred five dollars ($105.00) for each additional hour or portion thereof.
A second notice of payment due may be sent not later than the first day of October each year for the total cost of each and every cutting not paid, which shall be immediately due and payable.
All payments received shall be credited to the General Fund, but no payments shall be accepted after the certification to the County Auditor as hereinafter provided.
(e) Certification to County Auditor of Unpaid Cost for Weed Cutting for Lien Upon Property. Not later than October 15 of each year, the Board of Health shall make a written return to the County Auditor of its action under this section and Ohio R.C. 731.51 to 731.53 with a statement of the charges for its services, the amount paid for the performing of such labor as certified by the Operations Department, the fees for officers who made the service and notice of return and a proper description of the premises. Such return to the County Auditor shall be for the purpose of having such amounts entered upon the tax duplicate as a lien upon such lands in accord with the provisions of Ohio R.C. 731.54.
(Ord. 9566/85. Passed 5-22-85.)
(f) Penalty. It is hereby determined that the growth of noxious weeds upon lands within the City not only poses a harmful or injurious threat to the health or physical well being of the inhabitants of the City but also poses a significant safety hazard. As a result, whoever violates this section, in addition to the assessment of costs for failure to comply with proper notice, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, but no person shall be imprisoned for his or her first offense of this section and the prosecution shall always be as and for the first offense unless the affidavit upon which the prosecution is instituted contains an allegation that the offense is a second or repeated offense.
(Ord. 10724/94. Passed 10-26-94.)
(a) As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
(b) No owner of land, or any lessee, agent or tenant having charge of land, shall place upon such land, or permit to be collected or remain upon such land, litter in any manner so as to be offensive, injurious, dangerous or detrimental to the public health, safety, welfare or comfort.
(c) The City Board of Health shall continually monitor the placing and accumulation of litter upon lands throughout the City. Upon a finding by the Board of Health, or its designee(s), that litter has been placed upon lands, or permitted to collect or remain upon lands, in any manner so as to be offensive, injurious, dangerous or detrimental to the public health, safety, welfare or comfort, the Board of Health, or its designee(s), shall serve a written notice upon the owner of the littered land and, if different, upon the lessee, agent or tenant having charge of the littered land, notifying him (them) that litter is on the land and that the litter must be removed within fifteen days after the service of the notice.
If the address of the owner or other person having charge of the littered land is known or reasonably ascertainable, the notice provided for in the preceding paragraph shall be sent to his address by certified mail. If the address of the owner or other person having charge of the littered land is unknown and cannot be reasonably ascertained, it shall be sufficient to publish the notice provided for in the preceding paragraph once in a newspaper of general circulation in Trumbull County.
If the owner, lessee, agent or tenant having charge of the littered land fails to comply with the aforementioned notice, the Board of Health shall immediately notify the Operations Department of the location of such land and the Operations Department shall forthwith remove such litter.
The Operations Department shall keep an accurate record of the cost of such litter removal. A statement for such cost shall be immediately forwarded to the owner, lessee, agent or tenant having charge of the land in question, which shall be immediately due and payable. The fee shall be thirty dollars ($30.00) for each quarter hour. A second statement, indicating payment due, may be forwarded not later than October 1 each year for the total cost of all litter removal done within the billing period. All payments received shall be credited to the General Fund, but no payments shall be accepted after the certification to the County Auditor as hereinafter provided.
Not later than October 15, of each year the Board of Health shall make a written return to the Auditor of Trumbull County of its actions under this section and Ohio R.C. 731.51 to 731.53, with a statement of the charges for its services, the amount paid for the performing of such labor as certified by the Operations Department, the fees for officers who made the service and notice of return and a proper description of the premises. Such return to the County Auditor shall be for the purpose of having such amounts entered upon the tax duplicate as a lien upon such lands in accord with the provisions of Ohio R.C. 731.54.
(Ord. 9682/86. Passed 6-25-86.)
(d) It is hereby determined that the placing and accumulation of litter upon lands within the City not only pose a harmful or injurious threat to the health or physical well being of the residents but also pose a significant safety hazard. As a result, whoever violates this section, in addition to the assessment of costs for failure to comply with proper notice, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, but no person shall be imprisoned for his or her first offense of this section and the prosecution shall always be as and for the first offense unless the affidavit upon which the prosecution is instituted contains an allegation that the offense is a second or repeated offense.
(Ord. 10724/94. Passed 10-26-94.)
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