(a) This section shall be liberally construed in order to promote the provision of satisfactory methods of handling, storing and disposal of litter, refuse, junk, junk cars and other waste materials within the Village in order to maintain both public and private property in a clean, orderly and sanitary condition.
(b) For purposes of this section, certain terms are defined as follows:
(1) "Garbage" includes discarded animal, fish, fowl, fruit or vegetable matter incident to the use, preparation and storage of food for human consumption.
(2) "Refuse or rubbish" means miscellaneous waste material and refuse from housekeeping and mercantile enterprises and shall include packing boxes, cartons, excelsior, paper, ashes, cinders, tin cans, bottles, broken glass, metal, discarded household appliances and discarded building materials, or any other waste material.
(3) "Junk" means any worn out, cast-off or discarded material which, in its existing condition, is ready for destruction.
(4) "Junk car" means any car or other motor vehicle not in the process of reconditioning which has been abandoned for use as a motor vehicle.
(5) "Person" includes individuals, businesses, firms or corporations.
(6) "Deposit" shall mean, regardless of intent, to throw, drop, discard, transport, or place by any means, including, but not limited to, raking or the use of a mechanical leaf blower, yard vacuum, or lawn mower.
(7) "Person" shall mean any homeowner or resident, individually, or through their agent, contractor or representative, firm, corporation or other legal entity.
(8) "Public Way" shall include, without limitation, any publicly dedicated or publicly maintained sidewalk, path, highway, street, road, or alley located within the right-of way in the corporate limits of the Village of Ada.
(9) "Yard Waste " shall mean leaves, grass clippings, twigs, limbs, branches, weeds, seeds, or other organic matter which is or was previously part of any plant or plants, including, but not limited to, trees, shrubberies, and any other plant or plants grown or suffered to grow in any lawn or garden.
(c) All garbage, refuse and rubbish shall be placed in portable containers constructed of metal or other rigid material, including plastic containers. Such containers shall be equipped with tight fitting covers of a rigid material. Such covers shall be placed on and over the opening of the containers whenever garbage, refuse or rubbish is contained therein. All containers and covers shall be maintained in usable condition, clean and free from foul or noxious odors.
(d) No person shall deposit, cause to be deposited or scattered upon any public street, alley or public property of the Village nor upon any private property, nor in the trash receptacle or dumpster of another person, any rubbish, refuse, junk or junk cars, earth, ashes, cinders, sawdust, ice, glass, manure, fecal matter, filth, paper, dirt, grass, leaves, twigs, brush, garbage or other offensive material, nor shall any person allow such material to remain upon his own premises uncollected in such manner or quantity or such time as to create a health hazard or public nuisance. This section shall not apply to materials used for improving property by grading, fertilizing or surfacing.
(1) No person shall deposit, or cause to be deposited, any yard waste upon any public way, sidewalk or road, without immediately removing or causing the immediate removal of such yard waste from such public way.
(2) No person shall deposit, or cause to be deposited, any yard waste into any public storm basin, sewer grate, or drain.
(e) No person shall permit grass, weeds or rank vegetation to grow over six inches in height upon his own premises, or any premises in which he has a possessory interest or any premise under his control, nor shall any person fail to cut or otherwise remove such grass, weeds or rank vegetation longer than ten days after notification signed by the Chief of Police to cut, destroy or remove such grass, weeds or rank vegetation. Notification shall be given by mailing such notice by ordinary mail service with proof of mailing to the tax billing address, the person's usual place of residence or principal place of business (if an entity), by certified mail to the last known address of the person, by personally handing the notice to such person or a duly authorized agent of such person or by leaving the notice at the person's usual place of residence or by publication once in a newspaper of general circulation the Village of Ada at least ten days prior to removal as set forth in subsection (g) herein.
(f) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection, require a person who violates Section 521.08 to remove litter from any public or private property.
(g) If the property owner or person(s) having a possessory interest in such premises fails to comply with the notice by the Chief of Police set forth in subsection (e) herein, the Mayor, Chief of Police or Village Administrator shall cause the grass, weeds and vegetation to be cut or destroyed and removed or cause the grass, weeds and vegetation to be removed from the street gutters, curbs and drains within the public way. A fee shall be paid to the Village by property owners and/or persons having possessory interest thereof for such removal, cutting and/or destroying as herein set forth and shall be due immediately upon such removal, cutting and/or destroying. The fee shall be set and/or amended annually hereafter by motion and approval of Council, but is initially set at two hundred dollars ($200.00) for the first hour, one hundred dollars ($100.00) for each hour or part hour thereafter.
(h) Council shall cause certification in writing to the County Auditor with a statement of the unpaid fees and a description of the premises and/or parcel number. Such amounts when allowed shall be entered upon the tax duplicate and be a lien upon the lands from and after the date of entry, and shall be collected as other taxes and returned to the General Fund.
(i) If the property owner and/or person(s) having possessory interest has an open water account for such premises, then the Village Administrator shall cause the amount due under this section to the Village to be placed upon such account as an additional water department charge and upon collection shall be returned to General Fund.
(Ord. 2015-05. Passed 10-20-15.)