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Ordinance 20-10RECORD OF ORDINANCES Blank, Inc. Form No. 30043 Ordinance No. 20- 10(Amended) Passed 20 AN ORDINANCE AMENDING CHAPTER 95 (NUISANCES) OF THE DUBLIN CODIFIED ORDINANCES TO ADDRESS THE STORAGE OF RESIDENTIAL WASTE AND RECYCLING CONTAINERS. WHEREAS, the improper storage of residential waste and recycling containers can create an unsanitary environment; and WHEREAS, the improper storage of residential waste and recycling containers can create potential safety hazards and decrease property values. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, --&— of the elected members concurring that: Section 1 . Council hereby amends Chapter 95 of the Dublin Codified Ordinances as follows: Section 95.09 is hereby created to state as follows: 95.09 STORAGE OF RESIDENTIAL WASTE AND RECYCLING 191IRMMiiN 3 All residential waste and recycling containers shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, which will maintain a 100% year round opacity within two years of planting. Any landscape barrier is subject to the review and approval of the City Manager or the Manager's designee. Section 95.99 is hereby amended as follows: 95.99 PENALTY. (A) Whoever violates § §95.02 through 95.07 and §95.09 is guilty of a minor misdemeanor. Each day that a violation occurs or continues shall be deemed a separate offense. (B) Whoever violates §95.08 is guilty of a misdemeanor. (C) Whoever violates any provision of § §95.20 through 95.26 is guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Section 2. This ordinance shall take effect and be in force 90 days after passage. Passed this M& day of , 2010. C.`Mayor - ' g Office ATTEST: �r 0 1/ i• Clerk of Council SZD� MEMORANDUM TO Dublin City Council Terry Foegler, City Manager Anne Clarke, Clerk of Council FROM Stephen Smith, Law Director Jennifer Readler, Assistant Law Director DATE: June 10, 2010 RE: Ordinance 20- 10(Amended) - Amending Chapter 95 (Nuisances) of the Dublin Codified Ordinances to Address the Storage of Residential Waste and Recycling Containers. SUMMARY At the first reading of this ordinance, City Council requested several revisions. Specifically, we were asked to clarify that the screening of the waste and recycling containers from all adjacent properties would be required. Additionally, we were asked to include an opacity percentage in the landscape screening requirement (we specified a 100% opacity to be achieved within two years of planting). Those revisions have been included in the attached ordinance. I H D1411I171L7I IQI IkIN I COIL We recommend approval of Ordinance No. 20- 10(Amended) with a delayed effective date of 90 days. REVISIONS MADE SINCE THE MAY 24 COUNCIL MEETING Red — Delete Blue - Add 20- 10(Amended) AN ORDINANCE AMENDING CHAPTER 95 (NUISANCES) OF THE DUBLIN CODIFIED ORDINANCES TO ADDRESS THE STORAGE OF RESIDENTIAL WASTE AND RECYCLING CONTAINERS. WHEREAS, the improper storage of residential waste and recycling containers can create an unsanitary environment; and WHEREAS, the improper storage of residential waste and recycling containers can create potential safety hazards and decrease property values. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1 . Council hereby amends Chapter 95 of the Dublin Codified Ordinances as follows: Section 95.09 is hereby created to state as follows: 95.09 STORAGE OF RESIDENTIAL WASTE AND RECYCLING CONTAINERS. All residential waste and recycling containers shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of the any adjoining property's occupants and any street by epee natural landscape barriers, which will maintain a 100% year round opacity within two years of planting. Any landscape barrier is subject to the review and approval of the City Manager or the Manager's designee. Section 95.99 is hereby amended as follows: 95.99 PENALTY. (A) Whoever violates § §95.02 through 95.07 and §95.09 is guilty of a minor misdemeanor. Each day that a violation occurs or continues shall be deemed a separate offense. (B) Whoever violates §95.08 is guilty of a misdemeanor. (C) Whoever violates any provision of § §95.20 through 95.26 is guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Section 2. This ordinance shall take effect and be in force 90 days after passage. Passed this day of 1 2010. Mayor - Presiding Officer ATTEST: Clerk of Council