(a) No person shall remove or attempt to remove from any structure, or the remains of any structure that has been destroyed by fire, explosion, or natural disaster, or through demolition, the following items, including, but not limited to: aluminum siding, copper pipes, copper wiring, downspouts or gutters, doors, windows, hot water tanks, plumbing fixtures, lighting fixtures, mantles or other fixtures.
(b) This section shall not apply to the property owner as set forth in the records of the Mahoning County Auditor’s Office or any non-owner with the written authority of the registered owner. If the structure is or appears to be abandoned or vacant, the trier of fact may presume that the defendant did not have consent or permission to remove the items. This permissive presumption does not relieve the prosecution of the burden to produce evidence that the structure is or appears to be abandoned or vacant.
(c) Disposition of Evidence or Property Seized in Conjunction with this Offense: Upon a date not less than thirty (30) days following the “final disposition of any prosecution” under this section, the Youngstown Police Department may apply for an Order to dispose of any property that was seized and intended to be used as evidence in the prosecution or any property that was seized in conjunction with the commission of an offense under this section by delivering it to a scrap metal processing facility or any other duly-licensed and lawful business that accepts such material for scrap value. Any personal property, tools or motor vehicles that are suitable for use by the Youngstown Police Department may be forfeited and assigned to them for official agency use.
Prior to delivering such material to a scrap metal processing facility or any other duly- licensed and lawful business that accepts such material for scrap value, the Youngstown Police Department shall photograph the material and shall retain the photograph as part of the criminal case file. The Youngstown Police Department shall retain the receipt for the transaction and any proceeds derived from the sale or disposition of the material shall be deposited into the Youngstown Police Department’s Law Enforcement Trust Fund or other account maintained for the benefit of the Youngstown Police Department and the proceeds shall be used for law enforcement purposes.
(1) “Final disposition of any prosecution” means that the defendant has been sentenced upon conviction or plea for a violation of this section or any amended offense stemming from a violation of this section, the time to perfect an appeal has passed and no appeal has been filed, and no valid claim has been filed for the recovery of the material.
(d) Forfeiture of property is specifically authorized herein pursuant to Ohio Revised Code Chapter 2981 et seq. or pursuant to the Codified Ordinances of the City of Youngstown.
(e) Whoever violates this section is guilty of unauthorized removal and the penalty shall be determined as follows:
(1) Except as otherwise provided, unauthorized removal is a misdemeanor of the first degree. The court shall impose a mandatory fine of two hundred dollars ($200.00).
(2) If the offender has previously been convicted of unauthorized removal or any theft or theft-related offense, unauthorized removal is an unspecified misdemeanor. The court may impose a term of incarceration of up to one year and may impose a fine of up to two thousand five hundred dollars ($2,500). The court shall impose a mandatory minimum fee of five hundred dollars ($500.00) and shall impose a mandatory minimum term of incarceration of ten consecutive days.
(Ord. 09-236. Passed 10-7-09.)