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Wellington Overview
Codified Ordinances of Wellington, OH
CODIFIED ORDINANCES OF WELLINGTON, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1990-32
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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521.05 NOTICE TO FILL LOTS, REMOVE PUTRID SUBSTANCES.
   (a)   No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law:
   To fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
521.06 DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN.
   (a)   No owner or occupant of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice or any nuisance.
(ORC 723.011)
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
521.07 FENCES.
   (a)   No person shall erect or maintain any fence charged with electrical current.
 
   (b)   No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
 
   (c)   No person shall erect or maintain an osage or blackthorn hedge.
   (Ord. 1961-15. Passed 7-3-61.)
 
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (a)   No person shall, without lawful authority, place of dispose of in any manner upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
 
   (b)   No person shall cause or allow trash, garbage, waste, rubbish, litter, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
 
   (c)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1987-49. Passed 12-7-87.)
   (d)   Upon a finding by Council that litter has been placed on any land in the Municipality, has not been removed, constitutes a nuisance and is a detriment to public health or property value, or both, Council shall cause a written notice to be served upon the owner, occupant, tenant or person having charge of the property, notifying such person that litter is on the land and that it must be collected and removed within fifteen days after service of the notice. Such service may be personal by hand delivery or certified mail with proper return filed with the Clerk of Council. (Ord. 2012-13. Passed 5-7-12.)
   (e)   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 motor vehicles, tires, wagons, furniture, glass, oil of an unsightly or unsanitary nature, motor vehicles damaged or otherwise rendered incapable of safe highway operation due to rust, deterioration, stripping, burning or otherwise, lumber, roofing materials, bricks, blocks or anything else of an unsightly or unsanitary nature.
   (f)   If the owner, occupant, tenant or person in charge of the lands described in this section cannot be found it is sufficient to publish the notice as described herein, once in a newspaper of general circulation in the County.
   (g)   If the owner, occupant, tenant or person in charge of the lands mentioned in this section fails to comply with the required notice, Council shall cause the litter to be removed and may employ the necessary labor and equipment to perform the task. All expense incurred, including the cost of publication of notice and service of notice where possible by hand delivery, the cost of removal and disposal, shall, when approved by Council, be paid out of any money in the Municipality not otherwise appropriated. (Ord. 1987-49. Passed 12-7-87.)
   (h)   Council through the Clerk of Council shall give written notice to the County Auditor of its actions taken under this section with a statement of the charges for services performed, including cost of notice by publication or otherwise, along with a description of the premises. Such amounts when so certified to the Auditor shall be entered upon the tax duplicate, collected as other taxes and returned to the Municipality with the General Fund. Such charges shall become a lien upon the premises from the date of entry on the duplicate and remain thereon until paid in full. (Ord. 2012-13. Passed 5-7-12.)
 
   (i)   The remedies and penalties provided herein are not inclusive of each other and both may be imposed should Council so determine.
(Ord. 1987-49. Passed 12-7-87.)
521.09 NOXIOUS OR OFFENSIVE ODORS.
   (a)   No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.
(ORC 3767.13)
 
   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.
521.10 SPITTING.
   (a)   No person shall spit, excrete or expectorate any saliva or sputum upon any sidewalk, or on the floor of any public conveyance, building, theater or assembly hall, except in receptacles provided for such purpose.
(Ord. 1961-15. Passed 7-3-61.)
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
521.11 GRASS AND WEEDS.
   (a) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the corporate limits, whether the same is improved or unimproved, vacant or occupied, within five days written notice to do so, served upon him in conformity with Ohio R.C. 731.52, shall cut any grass within a lawn exceeding a height of eight inches, and shall cut or destroy or cause to be cut or destroyed any noxious or poisonous weeds or vines growing upon any such lot or parcel of land and prevent the same from blooming or going to seed or exceeding a height of eight inches.
 
        (b)    If the owner, occupant or person having charge or management of any lot or parcel of land within the corporate limits fails to cut and destroy or cause to be cut and destroyed any weeds and vines as ordered hereunder, the Village Manager is hereby authorized to order and pay for the cutting or to order the cutting or removal by the Municipality. (Ord. 2009-22. Passed 8-10-09; Ord. 2010-45. Passed 12-20-10.)
 
       (c) When the Municipality has effected the removal of the weeds or other noxious growth or has paid for their destruction or removal, the actual cost thereof shall be certified and the Director of Finance shall mail a statement of costs or charges to the property owner, or his agent, for payment. If payment is not received within ten days thereafter, interest at the rate of six percent (6%) per year shall accrue thereon.
        (d) Where the full amount due the Municipality is not paid by such owner within twenty days after the work is performed under this section, the Director of Finance shall take such steps as are required to perfect the charges and costs as a tax lien pursuant to Ohio R.C. 731.54.
 
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2009-22. Passed 8-10-09; Ord. 2010-45. Passed 12-20-10.)
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