Village of West Lafayette

Record of Ordinances

Ordinance No.: 2001-09 Passed: Apr. 23, 2001

AN ORDINANCE DECLARING IT TO BE A MISDEMEANOR FOR THE MAINTENANCE OF ANY DILAPIDATED STRUCTURE OR UNSANITARY PREMISES OR NOXIOUS REAL ESTATE WITHIN THE VILLAGE OF WEST LAFAYETTE, OHIO, DEFINING DILAPIDATED STRUCTURE OR UNSANITARY PREMISES, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY.

BE IT ORDAINED by the Council of the Village of West Lafayette, State of Ohio.

SECTION I: DILAPIDATED STRUCTURE - That no person, firm or corporation shall permit any premises within the Village of West Lafayette, Ohio, to exist nor shall any person occupy a premises within the Village of West Lafayette, Ohio, in such a state of disrepair or deteriorating condition as defined below as to be considered to be a nuisance or a hazard to the health or safety of persons residing in the vicinity of said structure or of passersby.

SECTION II: DETERIORATING CONDITION - That any of the following conditions shall be considered to be a nuisance and the maintenance of the structure in a deteriorating condition.

(A) Loose bricks displaced from exterior walls or chimneys.

(B) Cornices and gutters which are sagging or have fallen from the structure.

(D) Open holes upon the exterior of the structure whereby the interior can be viewed.

(E) Exterior stairs, porches, balconies or steps which are in such a condition as to be unsafe to persons using them or to passersby. The fact, that such person using the stairs, porch, balcony or step is a trespasser is no defense for purposes of this ordinance.

(F) Foundations and retaining walls caving in.

(G) Any detached structures collapsed and falling in.

(H) Any structure which is vacant and does not have windows doors or other openings properly secured.

SECTION III: UNSANITARY OR UNSIGHTLY PREMISES ‑ That no person, firm or corporation shall permit any premises within the Village of West Lafayette, Ohio, to exist nor shall any person occupy a premises within the Village of West Lafayette, Ohio, in such a state of

unsanitariness or unsightliness as to be considered to be a nuisance or a hazard to the health or safety of persons residing in the vicinity of said structure or of passersby.

SECTION IV: UNSANITARY OR UNSIGHTLY PREMISES - That the accumulation of any of the following outside a building or enclosed permanent structure affixed to the real estate shall be considered to be a nuisance and the maintenance of the premises in an unsanitary or unsightly condition.

(A) Garbage: Any and all kitchen or other organic refuse, including, among other things, animal, fish, fowl, fruit, or other animal or vegetable matter, decaying or spoiled meats or vegetable matter, or any substance or thing whatsoever which may decompose or become offensive or dangerous to health, or that has so done or become; and shall include, among other things, every refuse accumulation of animal, fish, fowl, fruit, or animal or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of milk or milk products, meat, fish, fowl, fruit, or animal or vegetable matter, and all putrescible waste, sewage and body waste, including vegetable and animal offal and carcasses of small dead animals.

(B) Refuse: Nonputrescible non‑liquid wastes, such as ashes, cinders, tin cans, glass, bottles, rags, wastepaper, wood and paper boxes, grass, tree and shrub trimmings, tree and shrub stumps, large household objects such as furniture and appliances, bricks, concrete, dirt, rocks, sand, gravel, and remodeling materials.

(C) Rubbish: any and all materials and substances that can attract and/or provide breeding, nesting, nourishment, food, or habitat to rodents, vermin, insects, or any other pests or which can create sanitation or health problems.

(D) Trash: any and all materials and substances or accumulations of any sort whatsoever which create an eyesore, which is defined for the purposes of this ordinance as unsightly, unpleasant or offensive to view to the general public. No materials shall be deemed trash for the purposes of this ordinance if they are raw materials stored to be used in the production process, work in process, inventories, or finished products held for sale which are temporarily stored on the premises of manufacturing or retail sales or wholesale business establishments.

No person, firm or corporation shall be deemed to be maintaining unsanitary or unsightly premises if the garbage, refuse, rubbish, or trash which is situated outside a building or enclosed structure is maintained in sanitary receptacles and/or garbage bags and is in fact picked up for disposal or destruction or otherwise removed for destruction or disposal from the premises within two days after being placed outside a building. The fact that such garbage, refuse, rubbish, or trash may have some monetary value shall be no defense to the charge of violating the provisions of this ordinance.

SECTION V: NOXIOUS REAL ESTATE - That the owner of a vacant lot, common, or other unoccupied or occupied property within the Village of West Lafayette, Ohio, shall hereby be required to cut, mow, keep down, or remove, all tall, unsightly, or noxious weeds, vines or grass on the property, the weeds, vines, or grass being deemed a breeding place for rats, mosquitoes, and other insects and being unsafe, unhealthy, and a nuisance. The Village Administrator shall cause to be published twice yearly in a newspaper of general circulating with the said Village, once a week for two consecutive weeks commencing on the first week of April and on the second week of September, a notice that all owners of vacant lots or commons or other unoccupied or occupied property within the said Village, shall cut, mow, keep down, or remove all tall, unsightly, or noxious weeds, vines or grass on such property. On failure of the owner to act after being notified by publication, law enforcement officers shall cause a complaint to be issued noting violations of this section.

SECTION VI: PENALTY PROVISION - That any person, firm or corporation found to be guilty of violating any of the terms or provisions of this Ordinance shall be deemed to be guilty of a minor misdemeanor with a penalty therefor as provided in the Model Ohio Municipal Code adopted by the Village of West Lafayette, Ohio, and each day's violation shall be punishable as a separate offense.

SECTION VII: SEPARABILITY - That if any provision of this ordinance shall be declared invalid or void, all other provisions of this ordinance shall remain in full force and effect.

SECTION VIII: AMENDMENT OF PRIOR PROVISIONS - All ordinances in conflict herewith including but not limited to Ordinance No. 11-85 shall be and herewith are amended accordingly.

SECTION IX: EMERGENCY ORDINANCE - That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety, the emergency being the need to protect the health and safety and property values of the citizens of the Village of West of Lafayette, Ohio from unhealthy, unsanitary, unsightly and nuisance conditions; this ordinance shall, therefore, take effect and be in force immediately upon its passage by Council.

PASSED IN COUNCIL this 23rd day of April, 2001.

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Jack L. Patterson, Mayor

ATTEST:

__________________________

Bruce E. Fouch

Clerk Treasurer

Village of West Lafayette, Ohio

APPROVED AS TO FORM:

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R. Q. Baker, III

Village Solicitor

Village of West Lafayette, Ohio