Rutland Codified Ordinances and Rules - CHAPTER 176: PUBLIC HEALTH, PEACE AND SAFETY

(A) The Village Council finds that the promulgation of policy governing the burial of indigent persons found within the corporation limits of the Village who are not claimed by any person for private interment or cremation at the person’s own expense, or interment or cremation when the body of an indigent person is claimed by an indigent person necessary for the compliance of section 9.15 of the Ohio Revised Code and for the provision of burial of indigents, or the burial of an indigent person claimed by an indigent person, for reasons of public health and sensibilities.

(B) As used in §§176.01 through 176.07 of the Municipal Code:

(1) “Indigent person” and “indigent decedent” means a person who dies without leaving an ascertainable estate sufficient to pay part or all of the person’s burial expenses and whose burial expenses are not payable by the State or County veteran’s administration. The estate of such decedent shall include, but is not limited to, the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of the individual.

(2) “Indigent claimant” means an individual who are poor, needy, destitute, or in poverty. The criteria for determining whether an individual is indigent include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of the individual.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.02. BURIAL OF INDIGENT PERSONS.

(A) Unclaimed body of an indigent person. When the body of a dead person is found within the corporation limits of the Village and such person was not an inmate of a correctional, benevolent, or charitable institution of this State; and the body is not claimed by any person for private interment or cremation at the person’s own expense; or delivered for the purpose of medical or surgical study or dissection in accordance with R.C. §1713.34, the Village shall be liable for the cremation and inurnment expenses, in the amounts set forth herein, if:

(1) The deceased is determined to be an indigent person; and

(2) The deceased was a legal resident of the Village of Rutland at the time of death.

(B) Claimed body of an indigent person. When the body of a dead person is found within the corporation limits of the Village, and such body is claimed by an indigent person simply as that of a loved one, without undertaking to arrange and pay for private interment, the Village shall be liable for the cremation and inurnment expenses, in the amounts set forth herein, if:

(1) The deceased is determined to be an indigent person; and

(2) The deceased was a legal resident of the Village of Rutland at the time of death; and

(3) The claimant is determined to be an indigent person.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.03. ADMINISTRATION.

The Mayor is hereby appointed as the proper officer of the Village, in accordance with R.C. §9.15, to be responsible for the administration of §§176.01, 176.02, 176.03, 176.04, 176.05, 176.06, and 176.07 of the Municipal Code. If the next-of-kin of the deceased are not available or are unknown, the Mayor shall have the authority to sign all documents necessary for cremation.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.04. DETERMINING INDIGENCE.

Prior to the authorization of cremation, the Mayor shall make reasonable attempts to determine whether the deceased meets the criteria of indigent person or indigent decedent, as defined in §176.01(B)(1) of the Municipal Code, and, where the deceased person is claimed by an indigent person or indigent decedent, whether the claimant meets the criteria of indigent claimant, as defined in §176.01(B)(2) of the Municipal Code.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.05. DETERMINING LEGAL RESIDENCY.

(A) Prior to the authorization of cremation of an indigent decedent as defined in division §176.04(B)(1) of the Municipal Code, the Mayor shall make reasonable attempts to determine if the deceased decedent was a legal resident of the Village at the time of death.

(B) As used in this section, “legal resident” means the indigent decedent had a physical presence in a particular location, coupled with the present intent to make that place a permanent residence for a period of time.

(C) In cases where the indigent decedent was living in a nursing home or hospital located within the Village, legal residence shall mean an intent to make the nursing home or hospital a permanent residence.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.06. BURIAL OF INDIGENT DECEDENTS; PROCEDURE; COSTS.

(A) Upon completing the procedures set forth in §§176.04 and 176.05 of the Municipal Code, the Mayor shall authorize the funeral director or other party to cremate the indigent decedent.

(B) The Village shall dispose of the remains of an indigent decedent by cremation only. The Village shall make payment not to exceed five hundred dollars for the cremation and inurnment of the remains of the deceased. Said services shall include transportation of the deceased to the funeral home, necessary supplies and procedure, and provide a temporary urn for the storage of the deceased’s cremated remains. The Fiscal Officer is hereby authorized to pay such expenses, upon certification of the Mayor and receipt of an invoice or bill from the funeral director.

(C) If the cremated remains are not claimed, the Village shall cause the remains to be buried, and the Fiscal Officer is hereby authorized to pay such expenses, upon certification of the Mayor and receipt of an invoice or bill for the burial. Pursuant to R.C. § 9.15, the Village shall also provide at the grave of the person’s cremated remains, if such remains are buried, a stone, metal, or concrete marker on which the person’s name and age, if known, and date of death shall be inscribed. The Village shall pay not more than $250.00 for such stone or concrete marker.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.07. LIMITATIONS.

(A) If the body of an indigent person is claimed by relatives or friends who arrange for the funeral according to their wishes, the Village shall not pay all or any portion of the expenses for the same.

(B) §§176.01 through 176.07 of the Municipal Code shall not be supplemental. The funeral director or funeral home personnel shall not ask for nor accept any funds above the amounts set forth herein. Upon completion of the cremation, the funeral director shall submit an itemized bill to the Mayor containing the following information:

(1) Name and age of the deceased;

(2) Place of burial;

(3) Services performed;

(4) Total costs of services;

(5) Amount received from other sources; and

(6) Amount due from the Village.

(C) The funeral director or funeral home shall reduce the cost to the Village by the amount of funds received from any other source. If additional funds are paid to the funeral director or funeral home after the Village has paid as herein provided, the Village shall be refunded the exact amount of the additional funds paid to the funeral director or funeral home within thirty days of the receipt thereof. The funeral director shall submit a notarized statement to the Mayor indicating his understanding and compliance with the provisions of §§176.01 through 176.07 of the Municipal Code.

(D) In the event that it is found after the cremation of the deceased and payment of the cremation and or burial expenses by the Village, that such indigent decedent and or indigent claimant had means, assets, insurance or other benefits or allowances available for the payment of all or part of such expenses, such proceedings may be taken to recover such costs and expenses as may be authorized by law.

(Ord. No. 202101, §1, 07-06-2021)

§ 176.08. RESERVED.

§ 176.09. RESERVED.

PUBLIC NUISANCES (§§176.10—176.19)

§ 176.10. PUBLIC NUISANCE.

(A) A public nuisance shall exist if the real estate, dwelling or structure is in such a condition as to endanger the health, safety and welfare of the occupants of the same, or the surrounding residents, or those of the general public, or is otherwise in violation of Chapter 93 of the Municipal Code.

(B) It shall be unlawful and is hereby declared a public nuisance for any dwelling or business lack proper sanitation; municipal, public or private well water supply; or toilet facilities connected to a functional sanitary wastewater collection system.

(C) A water utility provider or sewer utility provider shall be immune from criminal liability under the provisions of this section should a dwelling or business lack proper municipal or public water supply or sewage facilities as a result of late or no payment from the customer if the customer is the owner of the dwelling or business, or the resident or tenant residing therein.

(D) Except as otherwise provided in this division, whoever violates this section shall be guilty of permitting a public nuisance. Whoever violates division (A) of this section shall be guilty of a misdemeanor of the fourth degree. Whoever violates division (B) of this section shall be guilty of a misdemeanor of the third degree. For a violation of division (A) or (B) of this section, an affidavit of charge of the same may be filed through the Mayor’s Court or County Court against the owner, resident or tenant, or other person having charge of the real estate, dwelling or structure in violation of this section.

(E) For the purposes of Chapter 176 of the Municipal Code:

(1) “Business” means a building, structure, or otherwise, which is open to the public for the transaction of business or the purchase or sale of goods or services. Business also includes any building, structure, or otherwise, which houses the offices, workspaces and other public common areas of a nonprofit corporation, or a for-profit corporation, incorporated or unincorporated.

(2) “Dwelling” means a structure, or otherwise, in which people or animals temporarily or permanently reside.

(Ord. No. 2022-08, passed 08-16-2022; Amend. Ord. No. 2023-40, passed 01-09-2024)

§ 176.101. AGRICULTURAL LAND EXEMPTED.

Any land utilized for the cultivation of hay, or other vegetation, shall be exempt from §93.40(B)(32) of the Municipal Code.

(Ord. No. 2022-08, passed 08-16-2022)

§176.102. NOXIOUS OR OFFENSIVE ODORS PROHIBITED.

No person shall erect, continue, use or maintain a dwelling, building, structure, or place for residence, or for the exercise of a trade employment or business, or for the keeping of an animal which, by occasioning noxious exhalations or noisome or offensive smells becomes injurious to the health, comfort, or property of individuals or of the public. Whoever violates this section shall be guilty of a misdemeanor of the fourth degree.

(Ord. No. 2018-11-06, § 4(A), 11-05-2018; Codified by Ord. No. 2023-13, 09-11-2023)

§176.103. UNSANITARY POOLS.

No person shall permit a swimming pool, or any cover thereover, which therein or thereon has stagnant water, and which may facilitate the breeding of mosquitoes, flies or germs. Owners or keepers of swimming pools shall keep water therein treated and circulating so as not to present a stagnant pool. Whoever violates this section shall be guilty of a misdemeanor of the fourth degree.

(Ord. No. 2018-11-06, § 7(A), 11-05-2018; Codified by Ord. No. 2023-13, 09-11-2023)

§ 176.11. MAYOR MAY DECLARE A PUBLIC NUISANCE.

(A) The Mayor may declare any real estate, dwelling or structure to be a public nuisance if such real estate, dwelling or structure is in a condition that endangers the health, safety and welfare of the occupants of the same, or the surrounding residents, or those of the general public, and the Mayor shall cause to have served a written notice of the same upon the owner, resident or tenant, or other person in charge of the premises, or dwelling or structure, ordering the same to correct the cause or causes of the public nuisance, the period of which, except as otherwise provided in division (B) and (C) of this section, shall be that which is prescribed pursuant to Chapter 93 of the Municipal Code.

(B) The period allotted to correct a violation of §176.10(B) of the Municipal Code shall be fifteen days from the date on which the written notice required pursuant to division (A) of this section is served.

(C) The Mayor, Village Marshal or Village Code Enforcement Officer may extend the periods herein if the extension is deemed reasonable to entirely correct the cause or causes of the public nuisance.

(Ord. No. 2022-08, passed 08-16-2022)

§ 176.12. MAYOR MAY ORDER DWELLINGS AND STRUCTURES CONDEMNED.

(A) If the Mayor finds that a dwelling or structure satisfies the definition of a dangerous dwelling or structure, as defined in division (C) of this section, and upon certification of the same by a qualified building inspector or other proper health official, he may order such dwelling or structure condemned and the occupancy thereof shall be prohibited pursuant to division (D) and (E) of this section until the cause or causes of the dangerous dwelling or structure are corrected and no longer found to be present in or upon the dangerous dwelling or structure.

(B) If the Mayor orders a dangerous dwelling or structure condemned, he shall cause to have served written notice of the same and the cause or causes thereof upon the owner, resident or tenant, or other person in charge of the dangerous dwelling or structure by certified United States mail with return receipt, or in person to the owner, resident or tenant, or other person in charge of the dangerous dwelling or structure to the current or last known address of the same as provided upon the tax duplicate, and public notice of such condemnation shall be published for two consecutive weeks in a newspaper of general circulation in the Municipality, on the official website and social media accounts of the Municipality, and in five conspicuous places within the corporation limits of the Municipality, the issuance of such public notice certified by the Village Clerk-Fiscal Officer. If the written notice required pursuant to this division is returned undeliverable, and if the owner, resident or tenant, or other person in charge of the dangerous dwelling or structure is unavailable at the time of issuance in person, the public notice given pursuant to this division shall be considered sufficient notice to the owner, resident or tenant or other person in charge of the dangerous dwelling or structure. A placard shall be posted upon the dangerous dwelling or structure that reads as follows:

“NOTICE: THIS DANGEROUS DWELLING OR STRUCTURE HAS BEEN CONDEMNED BY ORDER OF THE MAYOR PURSUANT TO SECTION 176.12 OF THE RUTLAND MUNICIPAL CODE. THE SALE, LEASING, TRANSFERRING OR OCCUPANCY OF THE SAME SHALL BE STRICTLY PROHIBITED, UNLESS OTHERWISE AUTHORIZED, UNTIL THE CAUSE OR CAUSES OF THE CONDEMNATION ARE REMEDIATED IN ACCORDANCE WITH THE PROVISIONS OF THE RUTLAND MUNICIPAL CODE; AND THE MAYOR CERTIFIES THE SAME AND ACCORDINGLY RESCINDS SUCH ORDER.”

(C) Any dwelling or structure, including without limitation, a single- or multi-family dwelling, and business, or parts thereof, which may have any of the following defects, shall be deemed a dangerous dwelling or structure and may be condemned as unfit for human habitation or occupancy:

(1) Those whose interior or exterior bearing walls or other vertical structural members list, lean or buckle to such an extent as to weaken the structural support they provide.

(2) Those which, exclusive of the foundation, show damage or deterioration of one-third or more of the supporting member or members, or one-half or more of damage or deterioration of the non-supporting enclosing or outside walls or covering.

(3) Those which have improperly distributed loads upon floors or roofs in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

(4) Those which have been damaged by fire, wind or other causes so as to no longer provide shelter from the elements and have become dangerous to life, safety, morals or the general health and welfare of the occupants or surrounding residents of the municipality.

(5) Those which have become or are dilapidated, decayed, unsafe, unsanitary or vermin-infested or which fail to provide the facilities essential to decent living or occupancy and are likely to cause sickness or disease or injury to the health, morals, safety or general welfare of those living therein or of the surrounding residents or of people at large.

(6) Those lacking proper light, air, sanitation or sewage facilities to protect the health, morals, safety or general welfare of human beings who live or occupy or may live or occupy therein.

(7) Those which have parts thereof which are so detached that they may fall and injure occupants or the general public or property.

(D) When an occupied dangerous dwelling or structure is condemned pursuant to this section, the occupants thereof shall have three calendar days to vacate the condemned dangerous dwelling or structure from the effective date of the order issued pursuant to this section. Upon service of the written notice required pursuant to division (B) of this section, the Marshal or his deputies, or the Code Enforcement Officer, or in their absence, the Mayor, shall provide to the occupants the address and telephone number of each homeless shelters within a ninety mile radius of the address of the condemned dangerous dwelling or structure as well as the address and telephone number of the Meigs County Public Transit Authority.

(E) Whoever knowingly enters or occupies a condemned dangerous dwelling or structure beyond the vacating period provided for in division (D) of this section shall be guilty of an unclassified misdemeanor, except that this division shall not apply to persons entering or occupying a condemned dangerous dwelling or structure, for the purposes of complying with § 176.15 of the Municipal Code, or for the purpose of completing an inspection by the Mayor, Fire Chief, Village Code Enforcement Officer, or otherwise an architect, engineer, building official, public health official, or the agents thereof.

(Ord. No. 2022-08, passed 08-16-2022; Amend. Ord. No. 2023-40, passed 01-08-2024)

§ 176.13. TRANSFERRING CONDEMNED PROPERTY PROHIBITED.

(A) Upon an order to condemn a dangerous dwelling or structure, pursuant to §176.12 of the Municipal Code, the Mayor shall cause to have filed an affidavit of the same with the County Recorder and such action to condemn shall be recorded in the Office of the County Recorder and cross referenced to the deed of the property.

(B) Except as otherwise provided, it shall be unlawful for any person to sell, lease, or transfer any condemned dangerous dwelling or structure, or the property upon which the same exists. This division shall not apply to a person selling, leasing or otherwise transferring any condemned dangerous dwelling or structure, or the property upon which the same exists, to the Meigs County Land Reutilization Corporation, or the Meigs County Community Improvement Corporation, or any other development agency authorized by the village council, for the purposes of abatement, or restoration of the condemned dangerous dwelling or structure in compliance with the provisions of Chapter 176 of the Municipal Code.

(C) Whoever violates division (B) of this section shall be guilty of selling, leasing, or transferring condemned property, a misdemeanor of the third degree.

(Ord. No. 2022-08, passed 08-16-2022)

§ 176.14. CORRECTING A PUBLIC NUISANCE; COSTS.

(A) If any owner, resident or tenant, or other person in charge of the real estate, dwelling or structure declared by the Mayor as a public nuisance fails to abate the cause or causes of the public nuisance, the Village Council may employ and obtain labor, machinery and equipment to correct the cause or causes of the public nuisance. The Mayor may order any department or official, employee, police officer or auxiliary police officer of the municipality, to enter upon the property to correct the cause or causes of the public nuisance.

(B) The Mayor may order windows and doorways of any vacant dwelling or structure to be covered by plywood or other suitable means so that such dwelling or structure is not an attractive nuisance, or that entry into such dwelling or structure is deterred.

(C) No person shall impede the entrance of any department, official, employee, police officer or auxiliary police officer of the municipality, or any other persons employed thereby, upon any property that has been declared to be a public nuisance, for the purpose of correcting the cause or causes of the same.

(D)

(1) Pursuant to division (D)(2) of this section, the cost of labor, machinery and equipment involved to correct a public nuisance shall be billed to the property owner upon completion of the work, and if such costs are not paid by such person within thirty days of the issuance of such bill, such costs shall be certified to the County Treasurer and County Auditor to be placed as a lien upon the tax duplicate against the lot or land involved.

(2) Except as otherwise provided in § 176.16 of the Municipal Code, if any department, official, employee, police officer or auxiliary police officer of the municipality enters upon the premises to correct the cause or causes of the public nuisance thereon, the Village Fiscal Officer shall prepare a bill for the property owner or other person in charge of the premises, which shall have the following charges enumerated thereupon:

(a) A fee of twenty five dollars per hour, per official, employee, police officer or auxiliary police officer of the municipality required to correct the cause or causes of the public nuisance;

(b) A fee of one hundred fifty dollars for each machinery or item of equipment utilized by an employee, police officer or auxiliary police officer of the municipality to correct the cause or causes of the public nuisance.

(E) Whoever violates division (C) of this section shall be guilty of impeding abatement of a public nuisance, a misdemeanor of the third degree.

(Ord. No. 2022-08, passed 08-16-2022)

§ 176.15. REPAIRS; DEMOLITION OF CONDEMNED STRUCTURES.

(A) The Mayor may order the owner, resident or tenant, or other person having charge of a dangerous dwelling or structure, condemned or otherwise, to repair such dangerous dwelling or structure and correct the cause or causes of the same.

(B)

(1) Except as otherwise provided in division (B)(2) of this section, the Mayor may order the owner in charge of a condemned dangerous dwelling or structure to raze the same, if the Mayor finds that the same is in a such a state of disrepair that it would be unreasonable to repair the same; or if the Mayor finds that the owner in charge such dangerous dwelling or structure has failed to take action to correct the conditions set forth in division (C)(1), (C)(2), (C)(3), (C)(4), (C)(5), or (C)(7) of § 176.12 of the Municipal Code.

(2) If the Mayor finds that a condemned dangerous dwelling or structure is in such a state of disrepair that it would unreasonable to repair the same, in lieu of ordering the owner in charge of the condemned dangerous dwelling or structure to raze the same, the Mayor may recommend to the Village Council the passage of a municipal ordinance employing and obtaining labor, machinery and equipment, or entering into a contractual agreement or partnership with the county land reutilization corporation, to raze the condemned dangerous dwelling or structure. Notice of the same shall be provided pursuant to §176.16(A) of the Municipal Code.

(C) If the Mayor orders a condemned dangerous dwelling or structure to be razed by the owner, he shall cause to have served written notice of the same and the cause or causes thereof upon the owner, or other person in charge of the condemned dangerous dwelling or structure, excluding a tenant, by certified United States mail with return receipt, or in person to the owner or other person in charge of the condemned dangerous dwelling or structure[, excluding a tenant] to the current or last known address of the same as provided upon the tax duplicate, and public notice of such order shall be published for two consecutive weeks in a newspaper of general circulation in the Municipality, on the official website and social media accounts of the Municipality, and in five conspicuous places within the corporation limits of the Municipality, the issuance of such public notice certified by the Village Clerk-Fiscal Officer. If the written notice required pursuant to this division is returned undeliverable, and if the owner, resident or tenant, or other person in charge of the condemned dangerous dwelling or structure is unavailable at the time of issuance in person, the public notice given pursuant to this division shall be considered sufficient notice to the owner, resident or tenant or other person in charge of the dangerous dwelling or structure

(D) Any owner in charge of the premises or dangerous dwelling or structure, excluding a tenant, for which an order to raze has been issued shall cause such dangerous dwelling or structure to be razed not more than forty-five calendar days from the date of the issuance of such order.

(E)

(1) Except when an appeal has been granted pursuant to § 176.16 of the Municipal Code, and except as otherwise provided pursuant to division (E)(2) of this section, whoever violates division (D) of this section shall be be fined administratively not more than one hundred dollars for every seven calendar days the dangerous dwelling or structure remains, beginning the day immediately following the compliance date set forth upon the order to raze.

(2) No person shall be fined administratively for a violation of division (D) of this section if an injunction to stay the order to raze has been lawfully issued by a court of competent authority to the extent such injunction remains in effect.

(3) Whoever fails to remit payment of the administrative fine assessed pursuant to division (E)(1) of this section shall be guilty of a misdemeanor of the fourth degree.

(Ord. No. 2022-08, passed 08-16-2022; Amend. Ord. No. 2023-40, passed 01-08-2024)

§ 176.16. DEMOLITION OF CONDEMNED STRUCTURES BY THE VILLAGE; COSTS.

(A) If any owner in charge of a condemned dangerous dwelling or structure, for which an order to raze the same has been given by the Mayor, and notice of the same has been issued pursuant to §176.15(C) of the Municipal Code, fails to comply with such order, the Village Council may pass a municipal ordinance employing and obtaining labor, machinery and equipment, or entering into a contractual agreement or partnership with the county land reutilization corporation, to raze the condemned dangerous dwelling or structure, and appropriate public funds for the same. Public notice of such municipal ordinance or a municipal ordinance passed as provided in §176.15(B)(2) of the Municipal Code shall be provided for a period of not less than thirty days upon passage in a newspaper of general circulation in the Municipality, on the official website and social media accounts of the Municipality, and in five conspicuous places within the corporation limits of the Municipality, the issuance of such public notice certified by the Village Clerk-Fiscal Officer, and written notice of the same shall be issued to the owner in charge of the condemned dangerous dwelling or structure, and the resident or tenant residing therein, if applicable by certified United States mail with return receipt, or in person to the owner in charge of the condemned dangerous dwelling or structure, and the resident or tenant residing therein, to the current or last known address of the same as provided upon the tax duplicate. If the written notice required pursuant to this division is returned undeliverable, and if the owner in charge of the condemned dangerous dwelling or structure, or the resident or tenant residing therein is unavailable at the time of issuance in person, the public notice given pursuant to this division shall be considered sufficient notice to the owner in charge of the condemned dangerous dwelling or structure, and the resident or tenant residing therein.

(B) No person shall impede the entrance of any department, official, employee, police officer or auxiliary police officer of the municipality, or any other persons employed thereby, upon any property for which a municipal ordinance has been duly passed by the Village Council employing and obtaining labor, machinery and equipment to raze a condemned dangerous dwelling or structure located upon the property.

(C)

(1) Pursuant to division (C)(2) of this section, the cost of such labor, machinery and equipment involved pursuant to the provisions of this section shall be billed to the property owner in charge of the condemned dangerous dwelling or structure upon completion of the work, and if the costs are not paid by such person within ninety days of the issuance of such bill, such costs shall be certified to the County Treasurer and County Auditor to be placed as a lien upon the tax duplicate against the lot or land involved.

(2) If any official, employee, police officer or auxiliary police officer of the municipality enters upon the premises to raze the dangerous dwelling or structure which has been condemned and for which an order to raze has been issued, the Village Fiscal Officer shall prepare a bill for the property owner or other person in charge of condemned dangerous dwelling or structure, excluding a tenant, which shall have the following charges enumerated thereupon:

(a) A fee of fifty dollars per hour, per official, employee, police officer or auxiliary police officer of the municipality required to raze such dangerous dwelling or structure;

(b) A fee of two hundred fifty dollars for each machinery utilized by an employee, police officer or auxiliary police officer of the municipality to raze such dangerous dwelling or structure.

(D) Whoever violates division (B) of this section shall be guilty of impeding abatement of a condemned dangerous dwelling or structure, a misdemeanor of the third degree, except that no person shall be charged for a violation of division (B) of this section if an injunction to stay the order to raze has been lawfully issued by a court of competent authority to the extent such injunction remains in effect.

(Ord. No. 2022-08, passed 08-16-2022; Amend. Ord. No. 2023-40, passed 01-08-2024)

§ 176.17. APPEALS.

(A) Any owner in charge of a dangerous dwelling or structure for which an order to condemn or raze has been given, or for which a municipal ordinance has been passed by the Village Council employing and obtaining labor, machinery and equipment, or entering into a contractual agreement or partnership with the county land reutilization corporation, to raze the condemned dangerous dwelling or structure, may appeal such order, or municipal ordinance, to the Village Council not more than ten days from the date of issuance of such order, or the date of passage of such municipal ordinance, by submitting in writing to the Village Clerk-Fiscal Officer a notice to appeal such order or municipal ordinance.

(B) Upon receiving the notice to appeal, the Village Clerk-Fiscal Officer shall forthwith transmit the same to the Mayor, who shall convene the Village Council within seven calendar days of receiving the notice to appeal, with public notice given thereof, and written notice of the same shall be given to the appellant by certified United States mail with return receipt.

(C) The President Pro Tempore of the Village Council shall call the hearing to order and preside over the same, and shall administer an oath or affirmation to the Mayor and the appellant, and to any witnesses who may testify, that the same will testify truthfully. The Village Council shall receive testimony from the Mayor, and any witnesses for the same, who shall testify his reason for the issuance of an order to condemn or raze, and shall likewise receive testimony from the appellant, and any witnesses for the same. Equal time for cross examination shall be given. Upon hearing testimony from the Mayor, appellant and witnesses who have an interest in the appeal, the Village Council shall, by at least a majority vote of the same, uphold or rescind the order to condemn or raze.

(D) The decision of the Village Council shall be final, Provided: This division shall not preclude any right under the color of law to the appellant from filing with a court of competent jurisdiction a motion for injunction and prayer for relief from the provisions of §§176.10–176.19 of the Municipal Code, or any municipal ordinance or resolution passed thereunder.

(Ord. No. 2022-08, passed 08-16-2022; Amend. Ord. No. 2023-40, passed 01-08-2024)

ANIMALS AND LIVESTOCK (§§176.20—176.29)

§ 176.20 DOG WASTE.

(A) No person shall permit a dog owned, kept, harbored by, or under supervision of, that person to excrete waste on property not owned by that person without properly removing such waste from the property.

(B) A person complying with division (A) of this section shall be immune from prosecution under §131.06(A)(1) of the Municipal Code only to the extent such person is complying with division (A) of this section.

(C) Whoever violates this section shall be guilty of a minor misdemeanor and shall be fined not more than twenty-five dollars on the first offense and not more than seventy-five dollars upon each subsequent offense. The Mayor’s Court or County Court shall not impose a jail or prison term upon conviction of this section; however, such Mayor’s Court or County Court may, in lieu of, or in addition to, the fine assessed pursuant to this section, impose not more than eight hours of community service.

(D) As used in this section, “waste” means feces excreted from a dog.

§ 176.21 DOG WASTE STATIONS.

The Village Street Commissioner may erect and keep maintained a dog waste station at the beginning of each sidewalk along each street within the municipal corporation.

PROPERTY STANDARDS (§§176.30—176.39)

§176.30 RENUMBERED.

Renumbered to § 175.43.

(Ord. No. 2018-11-06, § 4(A), 11-05-2018; Amend. and Codified by Ord. No. 2023-13, 09-11-2023; Renumbered Ord. No. 2024-21, 07-08-2024)

CHILD WELFARE (§§176.50—176.59)

§176.50 CURFEW.

(A) No parent, guardian or person having the custody of a minor shall permit the same to be present upon any streets, alleys, or public rights of way between the hours of ten o’ clock in the evening and five o’ clock in the morning on any calendar week day.

(B) No minor shall be present upon any streets, alleys, or public rights of way between the hours of ten o’ clock in the evening and five o’ clock in the morning on any calendar week day.

(1) The minor is accompanied by a parent, guardian or person having custody of such minor, or by an adult who has been specifically designated by such parent, guardian or person to accompany the minor during the period of curfew.

(2) The minor, incidental to his or her own actual attendance, is traveling promptly, directly or without stopping enroute, between the minor’s residence and the place of a service, program, activity or event which is sponsored or provided for by a religious, municipal or educational institution.

(3) The minor is traveling promptly, directly and without stopping enroute, between the minor’s residence and the minor’s regular and lawful place of employment.

(4) The minor is traveling promptly, directly and without stopping enroute, between the minor’s residence and a place of publicly supervised recreation at which the minor will be or has been in attendance.

(D) Whenever a minor is present upon the streets or public rights-of-way during the time of curfew as provided for in division (A) and (B) of this section under any condition that is not provided for in division (C) of this section, it shall be deemed that the minor is present upon the streets or public rights-of-way with permission of the minor’s parents, guardian or other person having custody of the minor.

(E) Whoever violates this section shall be guilty of an unclassified misdemeanor and shall be fined not more than fifty dollars upon the first offense, and not more than one hundred dollars upon the second and each subsequent offense.

(Ord. No. 2018-11-05, 11-05-2018; Amend. and Codified by Ord. No. 2023-13, 09-11-2023)

CANNABIS CONTROL (§§176.60—176.66)

§ 176.60 RESERVED.

[Reserved.]

Editor's Note: §§ 176.601 through 176.602 are subsections of the reserved §176.60 related among each other to the definition of illicit drug offenses and the applicability of this subchapter.

§ 176.601 ILLICIT DRUG OFFENSES - DEFINITIONS.

As used in §§176.60 through 176.69 of the Municipal Code:

(A) “Marihuana” means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Marihuana" does not include "hemp" or a "hemp product" as those terms are defined in section 928.01 of the Revised Code.

(B) “Medical marihuana” means marihuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.602 APPLICABILITY.

§§176.60 through 176.69 of the Municipal Code does not apply to any of the following:

(A) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741.

(B) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.

(C) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the “Federal Food, Drug and Cosmetic Act” (21 U.S.C. §§ 301 et seq., as amended), and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.

(Ord. No. 2024-10, eff. 05-08-2024)

§ 176.61 RESERVED.

[Reserved.]

Editor's Note: §§ 176.611 through 176.612 are subsections of the reserved §176.61 related among each other to the cultivation and possession of marihuana.

§176.611 UNLAWFUL CULTIVATION OF MARIHUANA.

(A) No person shall cultivate or grow more than six plants of marihuana for personal use, or more than twelve plants of marihuana for any one parcel of land for personal use.

(B) No person shall cultivate or grow any marihuana plant for the purpose of engaging in solicitation or the sale of the same.

(C) Whoever violates this section shall be guilty of unlawful cultivation of marihuana, a misdemeanor of the fourth degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.612 UNLAWFUL POSSESSION OR USE OF MARIHUANA.

(A) No person not having attained to the age of twenty one years, or having received a medical marihuana card issued under Chapter 3796 of the Ohio Revised Code, shall knowingly consume or possess marihuana.

(B) Whoever violates this section shall be guilty of unlawful consumption or possession of marihuana, a misdemeanor of the fourth degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§ 176.62 RESERVED.

[Reserved.]

Editor's Note: §§ 176.621 through 176.624 are subsections of the reserved §176.62 related among each other to the solicitation, purchase, transport and gifting of marihuana.

§176.621 UNLAWFUL SOLICITATION OR SALE OF MARIHUANA.

(A) No person not having obtained a license from the Ohio Department of Commerce Division of Cannabis Control, or a dispensary license under Chapter 3796 of the Ohio Revised Code to sell marihuana shall knowingly engage in the solicitation or sale of marihuana.

(B) Whoever violates this section shall be guilty of unlawful solicitation or sale of marihuana, a misdemeanor of the second degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.622 UNLAWFUL PURCHASE OF MARIHUANA.

(A) No person shall knowingly purchase marihuana from any person other than a marihuana dispensary licensed by and in accordance with the rules promulgated by the Ohio Department of Commerce Division of Cannabis Control.

(B) Whoever violates this section shall be guilty of unlawful purchase of marihuana, a misdemeanor of the third degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.623 UNLAWFUL TRANSPORT OF MARIHUANA.

(A) No person shall knowingly transport marihuana within this municipality which as been purchased from a licensed marihuana dispensary in a state other than the State of Ohio.

(B) Whoever violates this section shall be guilty of unlawful transport of marihuana, a misdemeanor of the fourth degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.624 GIFTING OF MARIHUANA.

A person may, without remuneration, gift to another not more than six plants or marihuana, or not more than two and one half ounces of adult-use cannabis in any form except adult-use extract; and may gift to another not more fifteen grams of adult-use cannabis in the form of adult-use extract.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.63 UNLAWFUL PUBLIC CONSUMPTION OF MARIHUANA.

(A) No person shall knowingly and recklessly, in circumstances in which the person's conduct is likely to be viewed by and affront to others who are in the person's physical proximity and who are not members of the person's household, consume marihuana.

(B) Whoever violates this section shall be guilty of public consumption of marihuana, a misdemeanor of the third degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.64 UNLAWFUL POSSESSION OR USE OF FIREARM UNDER INFLUENCE OF MARIHUANA.

(A) No person shall knowingly possess or use a firearm while consuming marihuana, or under the influence thereof.

(B) Whoever violates this section shall be guilty of unlawful possession or use of a firearm while under the influence of marihuana, a misdemeanor of the third degree.

(Ord. No. 2024-10, eff. 05-08-2024)

§176.65 RIGHTS OF LANDLORDS.

It shall be the right of the landlord to prohibit the cultivation or consumption of marihuana upon any parcel of land owned by the landlord.

(Ord. No. 2024-10, eff. 05-08-2024)