§ 714-41. Notice to Owners and Persons in Control—Initial and Subsequent Violations.
(a)
Notice for Initial Violations: When the city manager or the city manager's designee ascertains that litter has been placed on lands within the city of Cincinnati, a written notice in accordance with Section 1501-13 shall be served upon the owner or person in control of the littered land. In addition to the notice of civil offense and civil fine provided in Section 1501-13, the written notice shall state that:
(1)
Litter is on the land in violation of Section 714-35, 714-37, or 714-39, and that it must be collected and removed within seven days of the date of receipt of the notice;
(2)
Due to the recurring nature of violations under this Section, if the owner or person in control fails to bring the property into compliance with Section 714-35, 714-37, or 714-39 within seven days of receiving a notice of civil offense and civil fine:
A.
The property shall be deemed Abandoned Property;
B.
In accordance with subsection (b), below, the city will abate Subsequent Violations pursuant to either Section 714-45 or 714-46 without further additional notice to the owner or person in control;
C.
The costs of all abatement of Subsequent Violations will be assessed as set forth in Section 714-47;
D.
The Abandoned Property will be part of a routine maintenance schedule, pursuant to guidelines established by the city manager or the city manager's designee;
E.
Once the property is deemed Abandoned Property, in order to avoid issuance of further civil fines for subsequent violations or assessment for the costs of the abatement action, an owner or person in control of abandoned property must contact the city manager or the city manager's designee in writing to request approval of an abatement plan;
F.
The owner or person control may request a waiver or suspension of fines in accordance with Section 714-40.
(b)
Notice for Subsequent Violation: Once a property is deemed Abandoned Property, in addition to the penalty described in Section 714-99, when the city manager or the city manager's designee ascertains that litter is present on the property in violation of Section 714-35, 714-37 or 714-39, a written notice in accordance with Section 1501-13(e) shall be served upon the owner or person in control of the property each and every time the condition is to be abated. In addition to the notice of civil offense and civil fine provided in Section 1501-13, the written notice shall state the following:
(1)
Litter is present on the lot or land in violation of Section 714-35, 714-37, or 714-39;
(2)
Due to the recurring nature of violations under this Section, because the owner or person in control failed to bring the property into compliance with Section 714-35, 714-37 or 714-39 within seven days of receiving an initial notice of civil offense and civil fine, the following shall occur:
A.
The property has been deemed Abandoned Property;
B.
Litter is present again, constituting a Subsequent Violation;
C.
If there are any Subsequent Violations found at the Abandoned Property, in addition to imposition of civil fines, the city will continue to abate all Subsequent Violations pursuant to Sections 714-45 and 714-46, providing notice of abatement each time;
D.
The costs of all abatement of Subsequent Violations will be assessed as set forth in 714-47;
E.
The Abandoned Property will be part of a routine maintenance schedule, pursuant to guidelines established by the city manager or the city manager's designee;
F.
Once the property is deemed Abandoned Property, in order to avoid issuance of further civil fines for subsequent violations or assessment for the costs of the abatement action, an owner or person in control of abandoned property must contact the city manager or the city manager's designee in writing to request approval of an abatement plan.
G.
The owner or person control may request a waiver or suspension of fines in accordance with Section 714-40.
(c)
This section shall not apply to land being used under a city of Cincinnati building or construction permit or license, a city of Cincinnati permit or license or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility or similar business, or a permit or license issued pursuant to Chapter 3734, Sections 4737.05 to 4737.12, or Chapter 6111 of the Ohio Revised Code.
(C.M.C. 714-41; ordained by Ord. No. 459-1976, eff. Oct. 6, 1976; a. Ord. No. 212-2002, eff. June 19, 2002; Emer. Ord. No. 075-2015, § 5, eff. March 25, 2015)