PART THIRTEEN - BUILDING CODE
Chap. 1305.     Nuisances.
Chap. 1311.     Unsafe Structures.
CHAPTER 1305
Nuisances
1305.01   Definitions.
1305.02   Storage of certain trash, motor vehicles, materials, and dangerous or unsightly premises prohibited.
1305.03   Notice to owner and occupant.
1305.04   Keeping used building materials on property to be used at later time.
1305.05   Permitting exposure of garbage or offal on premises; removal.
1305.06   Weeds to be cut; notice.  (Repealed)
1305.07   Appeal.
1305.99   Penalties; remedy by Village.
 
CROSS REFERENCES
Sanitary regulations - see Ohio R.C. 3701.56
 
1305.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   (a)   Trash and Waste .
      (1)   “Garbage and offal” means all refuse and waste of animals, fish, fowl, fruit and vegetable matter, and any other material or materials so designated by the Department of Health of the County or the State, liquefied or otherwise, which accumulated in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption and also includes all refuse arising from the dealing in or storing of aforesaid substances.
      (2)   “Refuse” embraces only such matters as were either in fact noxious or have been refused or have been abandoned by its owner as worthless.
      (3)   “Rubbish” includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.
   (b)   Vehicles .
      (1)   “Vehicle” means anything on wheels.
      (2)   “Motor vehicle” means any vehicle, including, trailers, manufactured homes, semi-trailers, recreational vehicles (including travel trailers, motor homes and truck campers) propelled or drawn by power other than muscular power.
      (3)   “Vehicle parts” means any portion or part of any vehicle detached from the vehicle as a whole.
      (4)   “Motor vehicle in an inoperative condition” means any motor vehicle which is unable to lawfully move under its own power or, if a vehicle designed to be drawn, unable to be safely drawn, and which has remained in such condition for a period in excess of ten consecutive days.
      (5)   “Unregistered motor vehicle” means any motor vehicle that remains unregistered (without valid license plates) for a period in excess of ten consecutive days.
   (c)   Materials .
      (1)   “Scrap metal” means pieces of or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof whether covered with porcelain or other materials, whether intact or in parts which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
      (2)   “Used building materials” includes any materials such as wood, stone, brick, cement blocks, or any composition or combination thereof used or useful in the erection of any building or structure which have been used previously for such erection or construction by the same person or other person.
   (d)   Dangerous or Unsightly Premises .   Any fence, wall, shed, house, building, structure or any part of the aforesaid; or any tree, pole, smoke stack; or any excavation, basement, cellar, sidewalk subspace, dock, wharf, or landing dock, which in its entirety, or in any part thereof, by reason of the condition in which the same is permitted to be or remain, does or may endanger the health, life, limb or property; or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more persons in the Municipality, in any one or more of the following particulars:
      (1)   By reason of being a danger to the general health of the community;
      (2)   By reason of being a fire hazard;
      (3)   By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises; or
      (4)   By reason of being unsightly because of long continued vacancy, or lack of reasonable or adequate maintenance thereby depreciating the enjoyment, use or value of property in the immediate vicinity.
         (Ord. 2005-12.  Passed 1-26-06.)      
1305.02  STORAGE OF CERTAIN TRASH, MOTOR VEHICLES, MATERIALS, AND DANGEROUR OR UNSIGHTLY PREMISES PROHIBITED.
   (a)   Presence of Garbage, Etc. on Premises .   It shall be unlawful and hereby is declared a public nuisance for any owner or occupant of real estate to store, place or allow to remain garbage and offal, refuse, rubbish, vehicle parts, motor vehicles in an inoperative condition, unregistered motor vehicles, scrap metal, or used building materials outdoors on any lot, lots, parts of lots or parcels of land within the corporate limits of the Municipality.
   (b)   Dangerous or Unsightly Premises .   It shall be unlawful and is hereby declared to be a public nuisance for any owner or occupant of real estate to permit or allow his lot, lots, parts of lots or parcels of land within the corporate limits of the Municipality to be dangerous or unsightly premises.
(Ord. 2005-12.  Passed 1-26-06.)
1305.03  NOTICE TO OWNER AND OCCUPANT.
   (a)     At any time as the Village Zoning Inspector becomes aware of a violation of Section 1305.02 and deems it appropriate, he or his designee shall give written notice (hereinafter referred to as the "Notice") to the owner of record or to the occupants of the real estate if they are not the owners thereof.
   (b)   The Notice shall specifically state the basis for finding the particular real estate as a public nuisance and shall state the date by which the nuisance must be abated.  The Village Zoning Inspector shall determine such date based upon the particular facts and circumstances of the nuisance.
   (c)   If the Notice alleges that the particular real estate is a public nuisance because of the presence of an unregistered motor vehicle, proof that a motor vehicle is missing a license plate or has an expired license plate or is parked in such a manner that either the front license plate or rear license plate is obscured such that it cannot be viewed from a reasonable place off the subject premises (and proof that such condition existed for a period in excess of ten consecutive days) shall be sufficient to prove the offense.  It is an affirmative defense to a charge under this section that the particular motor vehicle during the time period in question was lawfully registered and lawfully license plated in the State of Ohio or in another state.
   (d)   If the notice of a public nuisance alleges that the particular real estate is a public nuisance because of the presence of a motor vehicle in an inoperative condition or because such motor vehicle is an unregistered motor vehicle, evidence that it was viewed on at least five days including the first day and the eleventh or later day and that at the times of such viewing there was no visible material change in the vehicle shall constitute a rebuttable presumption that the motor vehicle was inoperative and/or unregistered for a period in excess of ten consecutive days.
   (e)   Service of the notice shall be made as determined by the Village Zoning Inspector, which service may be personal service by any officer or employee of the Municipality or by certified mail.  In the event the address of the appropriate party is unknown or if certified mail service is refused or not picked up, then service may be made by posting the notice at the premises or by publishing the notice once in a newspaper of general circulation in the Municipality.
   (f)   In the event the public nuisance is such that it poses an immediate threat to life or property the Village Zoning Inspector may take action to abate the nuisance.  The costs of such abatement may be recovered as provided in this chapter.  The Village Zoning Inspector shall give whatever notice is practicable under the circumstances to the owner and/or the occupants of the premises by any reasonable means, including the telephone.
(Ord. 2014-05.  Passed 5-8-14.)
1305.04  KEEPING USED BUILDING MATERIALS ON PROPERTY TO BE USED AT LATER TIME.
   (a)   Notwithstanding the provisions of Section 1305.02, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcels of land when such materials are to be used by the purchaser or owner in later construction on the same lot or any lot owned or controlled by such person; provided that such materials shall not remain on said lot, lots, parts of lots, or parcels of land for a period of more than thirty days unless the construction or erection plan for the use of said materials has commenced.  Such materials shall be used or consumed in the construction or removed from the premises when the period of four months from the time said materials are first placed on the lot, lots, parts of lots or parcel of land.
   (b)   It shall be unlawful for any person to move any materials so stored or placed to another location within the Municipality for the purpose of avoiding the intent of this section except that any such materials may be moved to another lot, lots, parts of lot or parcels of land when the same have been sold to a bona fide purchaser for value for such purchaser’s own use.
(Ord. 2005-12.  Passed 1-26-06.)
1305.05  PERMITTING EXPOSURE OF GARBAGE OR OFFAL ON PREMISES; REMOVAL.
   (a)   No garbage or offal shall be permitted or shall remain exposed in any building or on any premises for a period longer than shall be reasonably necessary to remove and deposit the same in a waste container of substantial water tight construction with a tight-fitting lid.
   (b)   It shall be the duty of any person producing or having garbage or offal to cause it to be removed by persons properly authorized to places permitted or provided by the Municipality.
(Ord. 2005-12.  Passed 1-26-06.)
1305.06  WEEDS TO BE CUT; NOTICE.  (REPEALED)
   EDITOR’S NOTE: Former Section 1305.06 was repealed by Ordinance 2011-09.  See Chapter 543 for current regulations.
1305.07  APPEAL.
   (a)   Any owner or occupant who receives a notice from the Village Zoning Inspector  may appeal said notice to the Village Council by filing a written notice of appeal with the Village Fiscal Officer.  Such notice of appeal should make specific reference to the notice received and must be filed within five days of receipt of the notice or by the date by which the nuisance was to have been abated, whichever occurs first.
   (b)   The Village Council shall set a time and place for hearing of the appeal and notice of such hearing shall be given to the appellant.  In reviewing the findings of the Village Zoning Inspector with respect to the existence of the public nuisance, the required abatement, and the time to complete the abatement, the Village Council shall consider the nature of the violation alleged and its effect upon the public health, safety and welfare including, but not limited to, the depreciating effect of a violation on the value of surrounding properties and the reasonableness of the time given to abate the nuisance.  The Council may affirm, modify or cancel the order of the Village Zoning Inspector.
(Ord. 2005-12.  Passed 1-26-06.)
1305.99  PENALTIES, REMEDY BY VILLAGE.
   (a)   In the event the public nuisance is not abated by the date set forth in the notice, or if an extension date has been given by the Village Zoning Inspector or by the Village Council, then by such date, the owner and occupant shall be guilty of a minor misdemeanor and each day of nonabatement shall constitute another offense.  It shall be an affirmative defense under this subsection that the particular defendant did not have the authority to correct the nuisance or did not know of the nuisance.
   (b)   The Village Zoning Inspector may proceed to have the nuisance abated and the total cost shall be collected by either a civil suit or certification of such total cost to the County Auditor for placement upon the tax duplicates.
   (c)   The Village Zoning Inspector may enforce this chapter by injunction brought in the Court of Common Pleas of Williams County.
(Ord. 2005-12.  Passed 1-26-06.)