Label
Require a Dumpster or Container for Eviction Setouts
Komives, Gadus, Jones, McPherson, Morris, Willliams
Evan x1363
Title
Amending Chapter 1725 of the Toledo Municipal Code (TMC) to Require a Dumpster or Container for Eviction Setouts.
Body
SUMMARY & BACKGROUND
Chapter 1725 of the Health Code governs nuisances; what conduct is considered a nuisance, and what penalties may be imposed when a nuisance exists. Nuisances can vary widely, including issues like blight, illegal dumping, improper setouts, or other activities that degrade the quality of life for residents. Nuisance abatement is crucial for maintaining the well-being of neighborhoods and fostering a sense of security among residents. The City’s leadership has investigated and researched regional, state, and national strategies to reduce blight; the enactment of this legislation provides updates to the TMC based on some of these findings.
In September of 2025, community meetings concerning waste collection were held for residents to share their experiences, suggest improvements, and voice concerns about waste services and blight in the City of Toledo. An overall recommendation received from these talks was to require landlords to secure setout materials in a container for the eviction process. Residents overwhelmingly are displeased with the number of setouts they see in their community and the ways in which these piles of personal belongings eventually blight their neighborhood.
The proposed amendment makes it a requirement for landlords to provide a dumpster to collect the property removed from the premises; the dumpster or container must be provided or a civil penalty will apply.
When TMC 1725.14 and 1725.99 were passed in 2013, this was an adequate solution which put responsibility for removal of personal property on the owner of that property, the evictee, and allowed a system where landlords or building managers could remove personal properties from the dwelling and then relinquish control over it once it was in the public right-of-way. The resulting additional blight in our neighborhoods causes numerous issues for our trash collection teams and blight cleanup teams, demonstrating that the existing code does little to prevent the personal property and trash from becoming a public nuisance.
A solution for these issues, out of the intensive process of research and comparison, is to follow the example of other cities in Ohio and around the United States and hold the property owners or landlords accountable for the personal property left behind after an eviction before it becomes blight and a public nuisance. This represents a necessary cost of doing business for property owners, who also have a responsibility for keeping neighborhoods free of blight.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1: That TMC Chapter 1725.14 which currently reads as:
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 a new TMC Chapter 1725.14 shall read as follows:
a) It shall be the duty of any owner or lessor of any dwelling unit where a court supervised setout is performed to arrange for the collection and disposal of the evictee’s property through an authorized licensed commercial waste hauler. Waste resulting from such setout shall be placed in a dumpster or other large container which prevents trash or personal property from becoming blight on the premises, public right-of-way or street.
b) The City of Toledo shall not assume any liability of any type for any personal property abandoned on the street or sidewalk or disposed of as provided above.
c) A property owner or person in control of property who allows a setout to remain on the premise, public streets or sidewalks without a proper container commits a civil offense and shall be subject to the associated civil fines of Section 1725.99.
SECTION 3: That TMC Chapter 1725.99 which currently reads as:
1725.99. Penalty.
a) Whoever violates any provision of this chapter for which no other penalty is provided, is guilty of a misdemeanor of the third degree.
b) Whoever violates any provision of Section 1725.11 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-111912> is guilty of a misdemeanor of the first degree.
c) Each day's violation shall constitute a separate offense.
d) The violator shall also be liable for the cost of remaining materials placed or found on the public or private property in violation of this Chapter.
e) The violator shall be liable for the investigation of such violations and the associated penalties in accordance with the schedule of penalties and fines found in 1319.04 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-109438>, which funds shall be deposited in the Building Inspection Trust Fund.
Is repealed.
SECTION 4: That TMC Chapter 1725.99 shall read as follows:
a) Whoever violates any provision of this chapter has contributed to a public nuisance and is subject to a civil offense and civil fine as assessed by the Director of Building and Code Compliance, the Director of Public Service, or their designees.
b) Failure to provide a dumpster or container for the setout shall result in a civil fine of $1,500.00
c) Every month after the civil fine is not paid shall result in an increase of $50 on the fine.
d) Civil fines shall be deposited in the Nuisance Abatement Trust Fund.
e) In addition to any civil fines imposed, the City may collect any costs for work to abate the public nuisance that results from a violation of this chapter. Reference 955.04. Costs of abatement; liens on property.
SECTION 5: Definition
a) “Setout” is hereby defined as any personal belongings, trash, debris, or other materials taken out of a dwelling as the result of any eviction actions.
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