If court ordered to clean scrap off property can township legally sell your stuff and keep money?

Question

freind ordered to clean property by court due to township complaint. the township is sell the guys scrap and keeping money. the guy wont get a cent off of his own stuff. I know its not nice but is it probably legal? this is in OHIO

Answer 1

Nope. This is how it works.

A government agency can cite you for a violation of local, state, or federal laws and ordinances. If the owner does not comply they can fine them per day until the violation is cleared. If the owner still does not comply, a complaint is filed in circuit court requesting a motion to comply. Once the motion is approved, the local government agency can contract services to clean up the violation. All costs associated with the violation are deducted from selling any material of value. Excess balances are returned to the owner, shortfalls are attached to the property as a lien.

Answer 2

YEs it is legal, creating a public nuisance or heath hazard as one does when they collect waste on their property is illegal.

If the township needs to go to the expense of cleaning up after you then they can and will keep all if any proceeds to help recoup the loss, there is also a likelihood he will be fined.

This decision did not come over night.  Your friend would have already received several warnings.

Answer 3

It all depends.. some states allow it, some don't.. however, in the states where it is allowed, if they DID get the money, they'd only be able to collect whatever it cost to clean the property, and the remainder should have to go back to him, but, you will find that, ordinarily, governments will do what pleases them and the heck with the little guy.. by the way, he should have cleaned the property and this wouldn't be a problem..  

Answer 4

Check the laws of the township that you reside.  In most cases, they must first serve you notice to clean up the mess within a certain number of days.  After that, they can send in a crew to remove the debris and charge the occupant for the labor and disposal of the debris or trash.

Answer 5

No.  They can, however, keep any expenses they paid out for.