(A) Definitions. As used in this section:
JUNK refers to any worn-out, broken, or unused items that have no value or purpose in their current state, and are typically recycled or discarded. This includes but is not limited to old appliances, furniture, machinery, electronic devices, and other bulky or non-functional items.
LITTER refers to any discarded or abandoned solid waste materials, including but not limited to, paper, bottles, cans, wrappers, packaging materials, and other similar items. LITTER can also include trash and yard waste if it is improperly disposed of or left on properties.
PRIVATE RECEPTACLES is a plastic or metal container with tight-fitting lids or covers. Plastic garbage bags may be substituted as a private receptacle when following the provision laid out in division (B).
PROPERTY OWNER shall include the owner of the real property on which the violation is alleged, and any tenant of such real property.
TRASH refers to household or commercial solid waste materials that are typically generated as a byproduct of daily residential and commercial activities. It includes non-compostable food waste, packaging materials, disposable products, papers, plastics, and other similar materials.
YARD WASTE refers to organic materials that are generated from routine yard maintenance and landscaping activities. This typically includes grass clippings, leaves, branches, shrubs, tree trimmings, and other plant debris originating from properties.
(B) Regulations for junk, trash, yard waste and litter.
(1) No property owner shall store, keep, or permit any junk on their premises unless it is housed within a fully enclosed building. As a provision, junk intended for recycling may be stored outdoors, provided it is contained within a properly maintained trailer with a suitable, unweathered cover. However, this provision is limited to a duration of 90 consecutive days.
(2) Residential property owners are required to store all trash within a private trash receptacle or a fully enclosed building to prevent access by domestic, community, or wild animals. As a provision, this rule allows for the use of plastic garbage bags for curbside trash pickup. However, these bags should be put out no more than 18 hours before the scheduled pickup, must be free of any tears or leaks, and should be securely tied or closed shut to prevent spillage.
(3) Property owners shall ensure that accumulation of yard waste from their lots, sidewalks, or driveways is not swept into gutters, streets, or other public areas or waterways within the village. They are also responsible for keeping their sidewalks free from yard waste.
(4) Property owners shall be responsible for maintaining their property to remove the presence of litter that is visible from the street, public alleys, or neighboring properties. It is the responsibility of property owners to educate and encourage tenants, residents, employees, or any other individuals occupying their property to adhere to this regulation and actively participate in maintaining a litter-free environment.
(5) Commercial property owners arc required to take adequate measures to prevent the accumulation of litter. This includes providing and maintaining appropriate commercial trash receptacles, ensuring secure storage of trash within these containers, and utilizing property commercial disposal methods.
(C) Notice to remove, remedy or store; notice of violation.
(1) Notice of violation of division (B) will be issued to the property owner by ordinary mail and by posting at such residence a written notice to remove, remedy, or store after no less than three days of the initial inspection by the Village Code Enforcement Officer or designated official. The violation must be removed, remedied, or otherwise stored in order to gain compliance within seven days of the written notice, unless other arrangements have been made with the Village Code Enforcement Officer or designated official.
(2) If the violation persists greater than seven days after the notice to remove, remedy, or store without arrangements to remedy have been approved by the Village Code Enforcement Officer, a notice of violation will be issued to the property owner at such residence, and also by certified and ordinary mail. Failure to remedy the violation within 14 days of this notice of violation may result in penalty and declaration of public nuisance by Village Council, and notwithstanding any other remedies or courses of action, the village may pursue civil judgment for remediation of said nuisance.
(D) Abatement.
(1) If, with or without a court order the violator fails to comply or remedy the public nuisance, the village may, consistent with R.C. § 715.261 or such order, employ the necessary labor and equipment to perform the task(s) necessary to abate the nuisance. The property owner shall be charged the total cost of abatement. The cost to repair any village equipment damaged while abating said nuisance condition shall be included with the aforementioned total costs, and shall be payable within 30 days of notice to the violator, or as otherwise directed by the Court.
(2) Upon failure to pay the village the billed amount within 30 days of demand for the total cost of abatement, the Fiscal Officer shall submit an affidavit or the court's order to the Wood County Auditor, and a description of the property (parcel number), and the request that such amount be entered upon the tax duplicate, be a lien upon such lands from the date of entry and be collected as other taxes and returned to the village's general fund according to law.
(Ord. 14-93, passed 5-17-93; Am. Ord. 2023-8, passed 7-3-23) Penalty, see § 174.99