85-04 New Chapter 1777 - Refuse - Laserfiche WebLink

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(Piease Substitute for Ordinance No. 85-04. Placed on 1st Reading & Referred to the Rules & Ordinances Committee 9/20/04. Placed on 2nd Reading 10/4/04.) ORDINANCE NO. 85-04 BY: Corrigan, Demro, Dunn ,Madigan. AN ORDINANCE to create a new Chapter 1777 within Title Thirteen; Nuisances of the Codified Ordinances of the City of Lakewood for the purpose of regulating the placement of refuse in the public right-of-way for collection and setting fees for removal of refuse that is improperly placed within the City of Lakewood. WHEREAS, the Division of Health and Division of Refuse is experiencing an increase in the number of individuais that repeatedly place refuse on the tree lawn prior to the time permitted by Division of Refuse Rules and Regulations; and WHEREAS, there CUrréntly is not an adequate deterrent to a violation of the Division of Refuse Rules and Regulations. Now therefore, BE IT ORDAINED BY THE cm OF LAKEWOOD, STATE OF OHIO Section 1. That new Chapter 1777, within Title Thirteen, Nulsançes of the Codified Ordinances of the City of Lakewood be enacted to read as follows: Chapter 1777. REFUSE AND DEBRIS. 1777.01 Refuse or Debris Removal (a) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the City, whether the same be improved or unimprDved, vacant or occupied, shall not permit refuse or debris to be placed on the tree lawn for collection prior to 6:00 p.m. on the evening before regular refuse collection for that property. (b) If the owner, occupant or person having the charge or management of any lot or parcel of land places or allows to be placed any refuse ör debris on the tree lawn prior to the times provided for herein, the Unit Manager of the Division of Refuse or his or her designee is authorized to cause said refuse or debris to be removed from said premises. (c) When any such re ~e or debris is removed at a time other than that scheduled for regular collection as etermined the Division of Refuse, then after such work is performed, the City shall gi e five days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the amount of fees. If the same Is not paid within thirty days after the mailing of the notice, such amount may bé certified to the County Auditor for collection as other taxes and assessments and collected in accordance with Ohio R.C. 731.54, or the City may seek recovery of such costs by civil action against the property owner involved. (d) . When it is deemed necessary to remove refuse or debris from the public right-öf-way when imprDperly placed for collection, in accordance with the provisions of this section, the owner shall be charged at the rate of seventy-five dollars ($75.00) per hour or portion thereof, or the actual cost of such work, whichever is the larger. The minimum charge therefore shall be as follows: Violations 1 ~ Violation 2nd Violation 3'd Violation 4th Violation or more Minimum Fee $ 100.00 200.00 300.00 500.00 within a twelve (12) month period.