Label
Set Out/ Bulk Compliance Legislation
Department of Public Service/ Urban Beautification
Joe Fausnaugh (936-3884)/Sara Stacy (X2305)
Revised
Title
Amending the Toledo Municipal Code by repealing Section 1725.14 titled “Removal of personal property after an eviction”; amending Sections 963.01 “Definitions”; enacting new Sections 963.26 “Bulk collection” and 963.27 “Set outs”; and 963.99 “Penalty” for the purposes of addressing improper set-outs, enforcing bulk collection compliance, and alleviating blight.
Body
SUMMARY & BACKGROUND:
City leadership investigated and researched regional, state, and national strategies to reduce blight in the form of set-outs/evictions that are non-compliant and often rejected by the City’s refuse contractor.
In September of 2025, the City held Talkin’ Trash meetings to listen to feedback and recommendations from residents about their experiences with waste services and blight. Residents overwhelmingly are displeased with the number of setouts they see in their community and the ways in which these piles blight their neighborhood.
This legislation aims to improve the accountability of owners for their refuse and bulk compliance. Non eligible bulk items must be removed within 48 hours to avoid a penalty. Enforcement means heftier penalties for non-compliance. In addition to these TMC changes, the elimination of setouts will be supported by department policies in coordination with the refuse contractor, an enhanced rental registry, and property owner and resident education.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Section 1725.14 which currently reads:
(a) No owner of personal property which has been placed on public or private property as a result of a court ordered eviction set out shall fail to remove said property within seventy-two (72) hours of the set out. Personal property which has not been removed as required above shall constitute a public nuisance.
(b) If the owner of personal property set out after an eviction fails to remove such property or any garbage, rubbish or trash within seventy-two (72) hours of the set out, the owner of the premises where the set out occurred shall immediately remove such property, garbage, rubbish or trash.
is repealed.
SECTION 2. That Toledo Municipal Code Section 963.01 “Definitions” which reads:
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. "Shall" is always mandatory and not merely directory.
(a) "Garbage" means any putrescible animal and vegetable material resulting from the handling, preparation, cooking and consumption of food.
(b) "Refuse" means all putrescible and nonputrescible solid material (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles, used motor vehicle parts, tires, junk as defined in Section 733.01(b), building materials, solid market and industrial wastes, used chemical and oil waste, and any other similar substance, manmade or otherwise, which no longer serves the functional use for which it was intended.
(c) "Rubbish" means all nonputrescible solid material consisting of both combustible and noncombustible matter, including but not limited to, paper, wrappings, cigarettes, cardboard, tin and aluminum cans, yard clippings, leaves, wood, glass, concrete, dirt, plaster, plasterboard, roofing material, nails, bedding, crockery and similar materials.
(d) "Waste" means all garbage, refuse and rubbish, as defined in this chapter, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended at the location it is dumped or which may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(e) "Dumping" means the discarding, dropping, placing, throwing, depositing or dispensing of waste.
is repealed.
SECTION 3. That TMC Chapter 963.01 titled “Definitions” which reads as follows:
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. "Shall" is always mandatory and not merely directory.
(a) "Bulk" consists of items which are acceptable waste that require special collection arrangements due to size, weight or shape including but not limited to yard waste like limbs and branches cut to size, rolled carpet sections, large goods, furniture, mattresses and box springs.
(b) “Dumping” means the discarding, dropping, placing, throwing, depositing or dispensing of waste. This includes open dumping, illegal use of collection containers, improper use of collection containers, and set-outs.
(c) "Garbage" means any putrescible animal and vegetable material resulting from the handling, preparation, cooking and consumption of food.
(d) "Refuse" means all putrescible and nonputrescible solid material (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles, used motor vehicle parts, tires, junk as defined in Section 733.01(b), building materials, solid market and industrial wastes, used chemical and oil waste, and any other similar substance, manmade or otherwise, which no longer serves the functional use for which it was intended.
(e) "Rubbish" means all nonputrescible solid material consisting of both combustible and noncombustible matter, including but not limited to, paper, wrappings, cigarettes, cardboard, tin and aluminum cans, yard clippings, leaves, wood, glass, concrete, dirt, plaster, plasterboard, roofing material, nails, bedding, crockery and similar materials.
(f) “Setout” is hereby defined as acceptable or unacceptable waste or abandoned property placed near the public right of way or area near curb, alley, or street as a method of disposal that is not in an authorized container or in accordance with bulk
(g) "Waste" means all garbage, refuse and rubbish, as defined in this chapter, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended at the location it is dumped or which may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
is enacted.
SECTION 4. That a new Toledo Municipal Code Section 962.26 titled “Bulk Collection” which reads as follows:
Bulk Collection.
(a) Bulk shall not be placed out more than 1 calendar day (24 hours) prior to the scheduled collection.
(b) Bulk placed out for collection must be maintained in an orderly manner until collected and in compliance with current guidelines for items, placement, and size and weight restrictions.
(c) Bulk shall only be placed at an occupied structure.
is enacted.
SECTION 5. That a new Toledo Municipal Code Section 963.27 titled “Set Outs” which reads as follows:
Set Outs.
(a) Acceptable or unacceptable waste or abandoned property shall not be placed at a curb, alley, or in the public right-of way for collection without the Mayor’s express permission unless in an authorized container or it shall meet requirements for Bulk in order for proper disposal.
(b) Acceptable or unacceptable waste or abandoned property left out for collection after 48 hours and not in compliance with Bulk requirements shall constitute litter (Ch. 1725.02) and dumping (Ch. 963.26). See definitions: 963.01.
(c) It shall be the duty of any owner to be in compliance with refuse and bulk requirements. It is the responsibility of the owner to make tenants aware of bulk and refuse policies. Any non-eligible bulk items shall be placed in a dumpster or container authorized by Mayor, or disposed of legally. Refer to Ch. 963.10, 963.26, and 963.99 penalties.
(d) A property owner or person in control of property who allows acceptable or unacceptable waste or abandoned property to remain on the property or in the right of way is in violation of this section and commits an offense; they shall be subject to the associated penalties of Section 963.99.
is enacted.
SECTION 6. That TMC Chapter 963.99 “ Penalty” which currently reads:
963.99. Penalty.
(a) Whoever violates any provision of Section 963.01 is guilty of a misdemeanor of the fourth degree.
(b) Whoever violated Section 963.25 b) or (e) shall be guilty of a misdemeanor of the first degree and shall be fined not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000). Whoever violated Section 963.25 (b) or (e) shall be imprisoned not less than fifteen days nor more than six months. The violator shall also be responsible for the cost to remove items dumped in violation of this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(c) Whoever violated Section 963.25 (c), (d) or (f) shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). Whoever violated Section 963.25 c), (d) or (f) shall be imprisoned not less than ten days nor more than six months. The violator shall also be responsible for the cost to remove items dumped in violation of this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
1. Any building, vehicle, boat, aircraft or place used in the commission violation of Section 963.25 is declared a nuisance and is subject to an order of abatement and forfeiture pursuant to Section 533. and 533.21 of the Municipal Code.
(d) Whoever violates any provision of this chapter for which a penalty has not otherwise been provided is guilty of a misdemeanor of the second degree. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
is repealed.
SECTION 7. That a new Toledo Municipal Code Section 963.99 titled “Penalty” which reads as follows:
963.99. Penalty.
(a) Whoever violates any provision of Section 963.02 through 963.06, and 963.12 through 963.23 is guilty of a misdemeanor of the fourth degree.
(b) Whoever violates any provision of Section 963.07 or 963.08 is subject to a civil offense and civil fine as assessed by the Mayor in the amount of $1,000.
1. Failure to remove acceptable or unacceptable waste or abandoned property or provide a dumpster or container for non-compliant bulk after 48 hours shall result in a civil fine of $1,000.00.
2. In addition to any civil fines, the violator shall be liable for any costs City expends to remove and clean-up any remaining materials placed or found on public or private property in violation of this Chapter.
3. Every month after the civil fine is not paid shall result in an increase of $50 on the fine.
4. Civil fines shall be deposited in the Nuisance Abatement Trust Fund.
(c) Whoever violated Section 963.26 (b) or (e) shall be guilty of a misdemeanor of the first degree and shall be fined not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000). Whoever violated Section 963.25 (b) or (e) shall be imprisoned not less than fifteen days nor more than six months. The violator shall also be responsible for the cost to remove items dumped in violation of this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(d) Whoever violated Section 963.26 c), (d) or (f) shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). Whoever violated Section 963.25 c), (d) or (f) shall be imprisoned not less than ten days nor more than six months. The violator shall also be responsible for the cost to remove items dumped in violation of this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
1. Any building, vehicle, boat, aircraft or place used in the commission of a violation of Section 963.26 is declared a nuisance and is subject to an order of abatement and forfeiture pursuant to Section 533.20 and 533.21 of the Municipal Code.
(e) Whoever violates any provision of this chapter for which a penalty has not otherwise been provided is guilty of a misdemeanor of the second degree. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
is enacted.
SECTION 8. That this ordinance become effective at the earliest time permitted by law.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council