521.12 KEEPING, BURYING, BURNING, AND PLACEMENT OF GARBAGE, TRASH AND RUBBISH.
   (a)   No person shall store or keep any garbage, offal or other refuse matter unless the same is kept in a covered, watertight can or receptacle with a tight fitting cover.
   (b)   No person shall bury garbage within the Municipality unless the same is deposited underground to a depth so that when covered, there will be a covering of at least twenty-four inches of soil. The covering shall be performed immediately following the deposit of such garbage.
   (c)   No person shall burn garbage, trash or rubbish within the Municipality, except in an incinerator located in a building which incinerator shall be properly constructed, maintained and approved.
   (d)   No person shall deposit, leave, place, or allow to be placed, any garbage or refuse for collection by the Village of Wellington or its agent contracted by the Village for such purpose, except garbage or refuse that originates from the building, place of business or premises where the garbage or refuse was placed for collection.
   (e)   (1)   Placement of garbage receptacles, trash, and discarded property upon within the public right-of-way shall only be between sunrise of the day prior to expected pick-up and sunset of the day of pick-up; placement of such receptacles, trash, and discarded property within the public right-of-way at any other times is prohibited. The Village Manager may establish additional rules and regulations relative to the proper means of placement of items for pick-up, and/or allowing for one-time exceptions in the event of unanticipated or emergency situations (e.g., home flooding).
      (2)   If any person violates this section, the village manager shall enforce this section as follows:
         A.   For the first infraction, leaving a written notice, at or mailing a written notice to, the property where the violation occurs, advising the property owner, tenant or other person in charge of the property of the permitted hours for setting out containers, garbage or refuse and that any future violations will result in a charge for early collection and/or criminal citation; and
         B.   For a subsequent infraction, ordering the immediate collection of the garbage or refuse and causing written notice of the additional fee incurred by the village for the pick up to be served upon the owner of the property notifying him that garbage or refuse was set out in violation of this section and that the cost of the additional pick up shall be included in the next bill for service.
   (f)   All garbage, rubbish and refuse accumulated within the Village by occupants of one-family, two-family and attached one-family dwelling structures, shall be accumulated by the occupants and collected by the authorized collection entity holding a contract with the Village; and the Village is authorized to charge, or cause to be charged, a fee to the owners of all the single-family, two-family and attached one-family dwelling structures for which such collection service is provided and for the disposal and/or recycling of such garbage, rubbish, and refuse. The collection fee shall be as established from time to time by the Village Council and will be invoiced to the owners of the residential dwelling structures. If the owner of the residential dwelling structures fails to make payment of any fee charged for garbage, rubbish and refuse collection within sixty (60) days of the date of an invoice to the owner for such fee, the Director of Finance shall report to the Village Council the failure by the owner to make payment and the amount owed; and, upon its receipt of the report of the amount owed, the Council shall make written return to the Lorain County Auditor to collect the owner's past due payment for garbage, rubbish, and refuse collection with a statement of the amount owed for said service, plus a fifty dollar ($50.00) administrative fee, and a description of the premises of the owner for which the service was rendered for the purpose of making the same a lien upon the lands of said premises and to be collected as other taxes and returned to the general fund of the Village.
   
   (g)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2021-07. Passed 4-5-21.)