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MONTEZUMA - Looking to get a handle on several issues in one fell swoop, village council members passed first readings of a bundle of ordinances intended to rid Montezuma of unsightly weeds, broken-down vehicles, junk, uncontrolled dogs and the residential use of recreational vehicles.
"Generally when a new ordinance comes up, it's because of something that has happened to preempt us to get ahead of it before it becomes (a larger problem)," said councilor Monica Springer at Wednesday night's regular meeting when asked the impetus behind the four pieces of legislation in play.
One of the ordinances would prohibit the residential use of recreational vehicles.
"We've had some issues with that in the past," noted councilor Derrick Springer.
Mayor Steve Fortman said there's at least one person currently living in an RV in Montezuma.
Under the legislation at hand, an RV is defined as a travel trailer, including a tent-type fold-out camping trailer, a pickup camper or motor home designed for travel, recreation and vacation use.
No RV shall be parked or stored in Montezuma unless titled or leased and used exclusively by one of the permanent occupants of the residence where it is located. An RV shall not be used for living, housekeeping or similar purposes for more than seven days in a six month period with the exception of a new home build, which would require a zoning permit and be limited to 12 months.
An RV parked outside of a garage or enclosed structure shall be licensed pursuant to Ohio Revised Code. An RV may be parked on any premises for loading and unloading purposes for up to 48 hours, so long as it doesn't obstruct pedestrian or vehicular traffic of adjoining or abutting properties.
No more than one recreational vehicle may be parked per premises.
Those who violate any of the provisions of the ordinance would be subject to a written order or form directing them to remedy the breach within five days. Failure to do so could result in a minor misdemeanor, with each day that a violation exists constituting a separate offense.
A second ordinance introduced Wednesday night would prohibit junk and material storage, including ramshackle vehicles.
"That has been an ongoing one for years and years,"said Monica Springer.
"For probably the last 20 years," Fortman quickly quantified.
"Just go to the stoplight and look around," quipped councilor Stuart Fortman.
Under the legislation, it shall be unlawful to store, place or allow to remain on any lot, lots, parts of lots or parcel of land within the corporate limits of Montezuma motor vehicles in an inoperative condition and/or unfit for further use, and automobile parts.
A vehicle shall be deemed inoperative if it lacks a valid, current registration or license plate; is without fully inflated tires or has any types of support under it; has a substantially damaged or missing windshield, door, motor, transmission or other similar major part; is motorized but incapable of being moved under its own power; is abandoned; or is primarily being used for storage.
Moreover, it shall be unlawful to store, place or allow to remain on any lot, lots, parts of lots, porches, or parcels of land within the corporate limits of Montezuma any used building materials of wood, stone, brick, cement block, cans, bottles, rope, paper, rags, rubbish, household waste, scrap metal, refuse, appliances, household fixtures "or any offensive material or materials of an unsightly or unsanitary nature."
The ordinance, however, does not prohibit the purchase of said materials for later construction, provided that the materials do not remain on site for more than 30 days, unless the construction or erection planned for the used of the materials has been commenced.
Except for manure, dead or decaying vegetable matter, or offal, materials listed in the ordinance may be placed or stored in a building or structure that completely encloses them, "so long as they do not become a breeding place for rodents or other unhealthy or harmful animals or insects.
Those who violate any of the provisions of the ordinance would be subject to a written order or form directing them to remedy the breach within five days. Failure to do so could result in a minor misdemeanor and a minimum fine of $25. Repeat violations within the same year could result in a fourth-degree misdemeanor.
A third ordinance given first reading would require the control of weeds.
Under the legislation, the mayor and fiscal officer are authorized, empowered and directed to cut all grasses, weeds or noxious weeds of 8 inches or more growing in the corporate limits of Montezuma - provided notice has been served on any owner, lessee, agent or tenant having charge of lands and the applicable person has failed to comply within five days.
Any law enforcement officer or clerk of council may make service and return of the notice, and "shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate."
It shall be unlawful for the owner of any lot, place or area within the village to permit any weeds, unhealthful growths, dead or diseased trees or other noxious matter to be growing, lying or located thereon after notice has been provided.
The mayor and fiscal officer shall investigate and notify in writing by certified mail to the owner of a property to cut, destroy or remove any weeds, unhealthy growths, dead or diseased trees or other noxious matter found growing, lying or located on the property.
The owner must carry out the order within five days after receipt of the written notice. Each day of non-compliance after the expiration of the five days shall constitute a separate offense.
Council shall make a written return to the Mercer County Auditor, with a statement of the charges for their services, the amount paid for labor, the fees of the officers serving the notices and a proper description of the premises. Such amounts, when allowed, shall be entered on the tax duplicate as a lien on such lands and shall be collected as other taxes and returned to the village.
Those who violate any of the provisions of the ordinance could face a minor misdemeanor and a minimum fine of $25. Repeat violations within the same year could result in a fourth-degree misdemeanor.
The final ordinance taken up by councilors Wednesday night deals with dogs. It was drafted in response to a village post office worker who reportedly witnessed an unattended dog and expressed concern about its safety.
"She was concerned about the dog's well-being because it would have had to cross (State Route) 219," Derrick Springer explained.
Under the legislation, an owner, keeper or harborer of a dog must keep the dog physically confined or restrained upon their premises by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape.
They must also keep the dog under reasonable control.
Violations could result in a minor misdemeanor, and for each subsequent offense, a fourth-degree misdemeanor.
Council is slated to give second readings of the four pieces of legislation at 6:30 p.m. March 18 at village hall.
