Fees for Garbage Violations Approved by City Council
Fines start at $50 and rise to $250
Photos
Kent property owners who leave heaps of garbage on the curb for days are going to face fines for not picking up their trash.
Kent City Council voted Wednesday to amend its solid waste ordinance (section 521.08 of the General Offenses code) to add fines for property owners who violate the ordinance by leaving garbage at the curb several days in advance of their scheduled pick-up.
Previously under the ordinance, city health inspectors send a notice by certified mail to a property owner asking them to clean-up garbage on their property after a complaint has been filed with the Kent Health Department.
Now, if the property owner does not clean up the garbage within 48 hours of receiving the notice, the city can fine the property owner $50.
The fee escalates to $150 for a second violation within a 12-month period. And a third violation carries a fine of $250.
Kent Health Commissioner Jeff Niestadt said the fines add teeth to the law so health inspectors can enforce it — and hopefully see results.
"We think this is fair," he said. "It’s very similar to other fee structures in college towns that deal with this."
The fines will take effect when council takes its final vote on the issue at the October regular council meeting.
The fees stemmed from a discussion council had in August, when Kent sees a jump in such violations as new tenants move in to rental houses around the Kent State University campus.
At-large Councilman Roger Sidoti said the goal is to get property owners and their tenants to take personal responsibility for their properties.
"We’re trying to get people to stand up and take responsibility," Sidoti said. "And if it costs them more money because they want to ignore it, it costs them more money."
Councilwoman Tracy Wallach said she doesn't think the fines will stop people from breaking the solid waste law because each time a violation notice is sent, via certified mail, the property owner has 48 hours to clean up the garbage before a fine is even issued.
"They’re going to get a warning, and they'll clean it up. Get a warning; clean it up. It's not going to change anything."
Council discussed the idea of making fines automatic if a property is declared a nuisance under the city's nuisance property ordinance. Under that ordinance, a property is declared a nuisance if it has one or more of the city's listed nuisance violations within a six month period. Once declared a nuisance, property owners can be billed for city personnel costs related to the violations.
Councilman Garret Ferrara tried to make the fines automatic for properties declared a nuisance but ultimately the proposal did not get enough votes to pass.
Kent Law Director Jim Silver said Ohio case law supports granting a property owner a 48-hour window to address the violation.
"I do like to give due process to property owners," Niestadt said.
Teresa K.
9:27 am on Thursday, October 4, 2012
kent has mandatory trash pick now. I am sure that student rental owners have the unlimited option. Are the piles staying around longer than a week?
how does the city know to step in? when a concerned citizen calls and complains?
Logan
9:31 am on Thursday, October 4, 2012
This ordinance is nothing but crap! How can the city hold residents accountable when the city isn't even staying with their word to keep citizens healthy and away from trash?! I live on a predominently student housed street, and since I have been living there, any time it rains, water sits and becomes stagnant because the city fails to make sure that the sewer drains are clear properly from leaves, sticks and dirt. Not to mention, my street has been missing a street sign for over 4 months...which HAS been reported numerous times. Maybe my councilwoman, Tracy Wallach, should stop making a profit from students with not only her job at Kent State University, but also for the city by wanting to start imposing fines. This ordinance is absolutely rediculous. As for people in the city complaining about seeing trash in yards...maybe people should do something about it and start a city cleaning volunteer group that goes out once and week and bags trash they see on the ground. People need to start putting words into actions and really do something if they care about the community...(and yes I am one who is involved, and in time, will be running for council to make sure that the city is focused on the people who live there and not just about winning awards, or getting paid).
Patricia
12:09 pm on Thursday, October 4, 2012
I agree with you about the sewer maintenance. I live on a street that my house is the last on the line and because the sewers are not cleaned on a regular basis, the basement floods.
Also, I have been in other cities that have universities and they do not have the problems that Sally is talking about. I drove down the street where she lives and it's nasty. I don't know if these are rentals but if so the landlord really needs to take care of the problem or evict.
Mars
9:21 am on Friday, October 5, 2012
You have another who agrees with you about the clogged sewers. Makes me so happy to see my water bill so high and it's all because of the sewer rates.
Jessica Johnson Salamon
11:20 am on Thursday, October 4, 2012
I certainly hope they take into consideration those days when the trash company(which is our only choice for trash removal in this city) decides not to show up without warning. I found it ironic that one of the sparse appearances of the compliance officer in my neighborhood was a day when the trash company didn't come on its appointed day and the entire block was mired with trash and trash cans. I was outside so he stopped to let me know that I could be fined for having my cans out for 12 hours after my designated trash day.
Mars
9:13 am on Friday, October 5, 2012
"Under that ordinance, a property is declared a nuisance if it has one or more of the city's listed nuisance violations within a six month period."
One or more? What the heck does that mean? A little more info on what it takes to become a nuisance property would be nice. Kent loves to be vague.
Trey Beck
7:58 pm on Sunday, October 7, 2012
Two weeks ago our entire neighborhood's garbage sat on the curb for 5 days past our scheduled pick up. Repeated calls resulted in nothing but lip service. How about a fine for them?
Logan
11:23 am on Tuesday, October 9, 2012
Not to mention...my trash pick up day is on Mondays. Every Sunday evening, my roommates take out the trash...the trash was taken in the morning but guess what?! The garbage men didn't pick up what THEY dropped in the yard creating litter...change starts with an organization, and until the city's trash removal group can stay on task and do their job properly, how can they expect citizens who aren't paid to do it complete the task correctly? It makes no sense!
Jessica Johnson Salamon
12:15 pm on Tuesday, October 9, 2012
Oh they always leave trash behind and they wing the garbage cans in whatever direction gravity takes them. A few weeks ago we had a big load of trash because of remodeling, we called and let them know in the proper fashion. I have never watched such angry men doing their job. We had to retrieve our cans from all over the street.