(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "AGENT." Anyone other than the owner or occupant of realty who is charged and entrusted with care, custody, and control of the realty, with authorization from the owner.
(2) "REFUSE." All solid or liquid waste, whether or not subject to decomposition and decay, including, but not limited to garbage, rubbish, litter, trash, ashes, street cleaning, dead animals, sod, store, market, and industrial wastes, waste paper, and fruit rinds or cores, but excluding junked vehicles and appliances.
(B) Responsibility. Unless otherwise specified herein, all owners, occupants, and agents having the care and custody of buildings and lots in the city shall be responsible for performing the duties herein set out and shall be separately and equally punishable by fine for all violations of this section. However, failure of civil authorities to charge any one of the responsible persons for violation of this section shall not preclude enforcement thereof against another such responsible person.
(C) Snow, ice, and weeds.
(1) The owner, occupant, or agent having the care of any building or lot abutting on any sidewalk in the city shall remove all snow therefrom, to the extent feasible under prevailing weather conditions, within ten hours after it has ceased snowing, or within four hours after daylight, whichever is later, and snow or ice falling from any building or structure shall likewise be removed. With regard to those portions of sidewalks used chiefly by business pedestrians, such removal shall begin immediately after it has ceased snowing or at 9:00 a.m., whichever is later, Monday through Saturday. Whenever the sidewalk, or any portion thereof, adjoining any building or lot on any street shall be encumbered with ice, it shall be the duty of the owner or his agent, or the occupant of any such building or lot, to cause the sidewalk to be made safe for pedestrian travel by removing the ice therefrom or by covering the same with sand or other suitable substance, to the extent feasible under prevailing weather conditions.
(2) The owner or his agent, or the occupant of any building or structure abutting on any sidewalk shall cause the roof thereof to be drained so that water gathered or accumulated thereon will not flow across or upon any sidewalk.
(3) It shall be the duty of the occupant of any building or lot abutting any sidewalk to keep closely cut the grass, weeds, and other vegetable matter growing between the sidewalk and the curb or in joints or breaks in the sidewalk and curb. If any such building or lot is unoccupied, it shall be the duty of the owner thereof to have such grass, weeds, or vegetable matter cut as above provided, and if the owner is absent from the city or cannot be found, then it shall be the duty of his agent to have such grass, weeds, or other vegetable matter cut.
(D) Depositing refuse.
(1) It shall be unlawful for any person to deposit or cause to be deposited, throw, drop, place, dump, sort, scatter, or sweep any refuse, dirt, or vegetable matter, including but not limited to leaves, grass, weeds, or tree clippings, upon any lot or parcel of ground, whether public or private, including streets, alleys, or sidewalks, or upon any public property of any nature within the corporate limits of the city.
(2) Nothing in this section shall be construed to prevent the sweeping of ordinary street dust from sidewalks into the street.
(E) Presence of refuse. The presence of refuse, dirt, or vegetable matter, including but not limited to leaves, grass, weeds, or tree clippings, in an unnatural or useless state, upon any lot or parcel of ground within the city, or upon a public right-of-way to the edge of the street pavement, for 24 consecutive hours shall be held to constitute a violation of division (C) above on the part of the owner and occupant of the realty; and if the realty is unoccupied and the owner is absent from the city or cannot be found, also on the part of the agent; and on the part of the owner, his agent, or the occupant of the property abutting the public right-of-way upon which same is found. Each day's continuance of such violation shall be a separate offense.
(F) Exceptions. There is excepted and exempted from compliance with the provision of divisions (D) and (E) above:
(1) The use of refuse, dirt, or vegetable matter in a normal manner for the improvement of property by grading, fertilizing, or resurfacing;
(2) The placing of such refuse, dirt, or vegetable matter in proper and appropriate receptacles; and
(3) The placing of such vegetable matter on the street curb away from sewer drains, or at a place specified by the Superintendent of Public Works, for collection by the city, if placed in appropriate containers.
(G) Cleanliness of premises. It shall be the duty of the owner and occupant of any lot or parcel of ground within the city, or if such realty is unoccupied and the owner is absent from the city or cannot be found, it shall be the duty also of the agent of the owner, to cut the grass, weeds, and other vegetable matter growing upon the real estate and to prevent at all times such realty from becoming unsightly or offensive in any manner. Each day's continuance of such violation shall be a separate offense.
(H) Notice.
(1) Whenever the Superintendent of Public Works shall deem that the conditions prohibited by this section exist, he shall issue a notice to the parties hereinafter stated. Such notice shall:
(a) Be in writing;
(b) Specify the violation and its location;
(c) Order that the condition be remedied; and
(d) Advise the owner, occupant, or agent of the owner who receives personal delivery of the notice that he has five days from the date of service of the notice to remedy the condition or to make a written demand to the City Clerk/Treasurer for a hearing before the City Council.
(2) If service on the parties is by mail, it shall be certified return receipt requested, and shall provide the party eight days within which to comply from the date of mailing. Mailing to the owner shall be at the last known address in the assessment rolls of the Bracken County Property Valuation Administrator. Upon failure of the party to comply, the Superintendent of Public Works is authorized to send employees upon the property to remedy the situation.
(Ord. 70-3, passed 5-13-70; Am. Ord. 70-5, passed 9-9-70) Penalty, see § 91.99