City Toter Complaint Causes Aggravation for Columbus Resident

City Attorney Alan Whitted says if the court rules in Doran's favor, the City Council may have to re-examine existing sanitation ordinances.

Taken from Board of Public works and safety meeting minutes -

Dana (Kipper) Doran of 1626 Gilmore Street wanted to address the Board regarding five (5) citations he has received from the City Garage regarding his trash toter.

Mr. Doran stated that he is not breaking any ordinances and is asking that the Board waive the fees he has incurred.

He also stated garage employee, Jeff Whittington, sited him under Ordinance 9.16.010 for public nuisance of the toter and that Mr. Whittington couldn’t find any other ordinance being violated by Mr. Doran.

Mr. Doran brought six (6) letters from his neighbors stating that his toter has not been a nuisance to them.

After much discussion by the Board, Jim Norris and City Attorney, Alan Whitted, no action was taken by the Board. Alan Whitted will proceed with filing for hearing so the court can rule on this matter.

 

Looking through the Sanitation Ordinance it states;

8.24.270 Nuisances.
A. No owner or tenant of any private or commercial premises shall create, or permit to exist, any of the following conditions, which shall be declared and considered public nuisances.

1. Placing city-owned containers or city-approved containers near an alley or curbside more than twenty-four (24) hours before scheduled collection;

2. Keeping open city-owned or city-approved containers. (Lids must be kept on at all times);

3. Placing trash for collection in cardboard boxes or paper sacks;

4. No solid waste shall be permitted to ferment, putrefy or become odoriferous in city-owned or city- approved containers on private premises.

 

B. Owners or tenants who violate any of the provisions of this chapter shall receive a written warning from the city services manager notifying said person(s) of the nature of the violation, the action necessary to correct said violation and the time within which said violation must be corrected. The notification shall also contain a statement that failure to correct said condition within the prescribed time, or the occurrence of a second violation of this chapter at said location shall result in a fine of fifty dollars ($50.00). Said fine shall be in accordance with the schedule for fines & fees, as adopted and promulgated by the Board, pursuant to 8.24.020(B).

Once the occupant has been fined for a violation of this chapter, subsequent violations by the occupant shall result in fines which shall increase in increments of Fifty Dollars ($50.00), but shall not exceed One Thousand dollars within a 12 month period. (Amended during 1994 codification; Ord. 93-9 § 27, 1993).

 

In Section 8.24.060 it states;

City-owned or city-approved containers shall be assigned to a particular residential premises and shall remain at that residential premises in the event the owner or occupant moves. (It doesn't state where it should be stored on the property outside of being moved from Curbside)

8.24.080 City-Owned or City-Approved Container placement.
The manner of placing the city-owned or city-approved containers shall be established through the rules adopted and promulgated by the Board, pursuant to 8.24.020(B). (Ord. 93-9 § 8, 1993)

*8.24.020(B) states  "The board is authorized to fix the hours or days of the week for the collections, and from time to time to adopt any regulations, not inconsistent with the provisions of this chapter, required for the collection and disposal of household solid waste." (again nothing mentioning location on residential property)

*Ord. 93-9 § 8, 1993 - we looked for this ORD. but came up empty...

 

We did find the ordinance Jeff was talking about (listen here) 9.16.010 (not within the Sanitary ordinances) is located in Chapter 9.16 OFFENSES RELATING TO PROPERTY

9.16.010 Public nuisance.

     It is unlawful for any person to erect or maintain and continue any public nuisance to the injury of any of the citizens of the city. After any person shall have been convicted of erecting, maintaining or continuing any such public nuisance, the judge may make it a part of the judgment that such nuisance be removed or abated and shall direct the police chief to carry into effect the judgment of the court. Anything which is injurious to health or offensive to sight, smell or hearing or which seriously interferes with the free use and enjoyment of property or discommodes or hinders any of the citizens of the city in the exercise or enjoyment of any of their rights and privileges shall be deemed a public nuisance within the meaning of this section. (Prior code § 18-17)

 

 

 

Tagged: Kipper Doran, City Garage, Jeff Whittington, Nuisance, Trash Toter, City Attorney, Allen Whitted, Sanitation Ordinance, Ordinance