§ 95.17. Clearing of litter by city.

A.

Notice to Remove. The Director of Neighborhood Assistance is authorized to notify the owner of any private property within the city, or the owner's agent, to properly dispose of litter located on the owner's property which is dangerous to the public health, safety or welfare. The notice shall be served on the owner by personal service to both an occupant of the property and the owner of the property, or if personal service is not accomplished, then by posting in a conspicuous location at the property affected and mailing, by regular mail, to the address of the affected property if there is a dwelling thereon and to the property owner at the location to which the Auditor mails the tax bill for the property affected.

B.

Action Upon Noncompliance. If any owner or agent notified to properly dispose of litter dangerous to the public health, safety or welfare fails to comply with the order, the Director of Neighborhood Assistance shall cause the litter to be removed and may employ the necessary tools, services and labor to perform the work or cause it to be done by the city.

C.

Appeal of Notice and Order. Any person affected by any notice and order to remove litter may request and shall be granted a hearing on the matter before the Director of Neighborhood Assistance or his designee. The person shall file, in the office of the Director of Neighborhood Assistance, a written request for the hearing and shall set forth the name, address and phone number of the appellant and a brief statement of the grounds for the hearing and appeal from the order to remove litter. Requests must be filed within seven days after the notice and order is personally served, mailed or posted, whichever occurs first, and shall be accompanied by a nonrefundable deposit of fifteen dollars.

1.

On receipt of the request for a hearing, the Director of Neighborhood Assistance or his designee shall set a time and place for a hearing. Written notice of the hearing shall be sent by regular mail to the address provided by appellant in the request for hearing. The hearing shall be held within a reasonable time after a request has been filed.

2.

At the hearing, the appellant shall be given an opportunity to be heard and to show cause why the notice and order should be modified or dismissed. The failure of the appellant or his representative to appear and present his position at the hearing shall be grounds for dismissal of the request.

3.

Upon consideration of the evidence presented at the hearing, the Director of Neighborhood Assistance or his designee may affirm, disaffirm, modify or dismiss the notice and order to remove litter. The appellant shall be notified forthwith in writing of the decision.

4.

Any person aggrieved by the decision of the Director of Neighborhood Assistance may seek relief therefrom pursuant to R.C. Chapter 2506.

D.

Nothing in this section is intended to limit the authority of the Director of Health to address emergencies as set forth in § 94.31 of this title.

E.

Expenses as a Lien. All expenses so incurred in removing the litter by the Director of Neighborhood Assistance, together with an administrative charge and/or fine as described hereafter shall be reported to the Director of Finance, who shall mail a statement thereof to the owner of the property, if his address is known. If after thirty days, the amount remains unpaid, the Director of Finance shall certify the total amount of the expense, the name of the owner of the land, and a sufficient description of the premises, to the Auditor of Summit County, to be entered upon the tax duplicate, to be a lien on the land from the date of entry, to be collected as other taxes and assessments and returned to the city, pursuant to R.C. § 731.54.

F.

In addition to the actual expenses described above, the owner of the premises must pay an administrative charge. For the first and second times in a calendar year that the City abates a nuisance under Article 2 of Chapter 94, removes litter under this chapter, and/or maintains a sidewalk or other property under Chapter 98 on the premises, the administrative charge each time will be two hundred dollars. Should the City be required to abate additional nuisances, maintain a sidewalk or other property under Chapter 94, or remove additional litter on those premises a third or subsequent time within that calendar year, in addition to the expenses incurred and the administrative penalty described above, a fine of two hundred fifty dollars will be charged to the owner. The remedy provided for herein shall be in addition to the penalties provided in § 95.99 of this chapter.

(Ord. 222-2008 §2: Ord. 597-2006: Ord. 532-2000; Ord. 56-1990; Ord. 246-1982; Ord. 755-1970; Ord. 398-1970; Ord. 1089-1967)

(Ord. 15-2010; Ord. 210-2012)