§ 50.15  IMPOUNDING OF UNLAWFUL RECEPTACLES.
   (A)   Any unlawful receptacle may be removed by the Director from any premises in the city and impounded pursuant to the provisions of this section.  In the event the unlawful receptacle has contents, such contents may be impounded along with the unlawful receptacle.
   (B)   The Director may remove and impound any unlawful receptacle, and any contents thereof, which is located on any city-owned property. Upon being so removed, impoundment shall be pursuant to divisions (D) and (E) of this section.
   (C)   Any unlawful receptacle located on property not owned by the city is hereby declared to be an instrumentality of a crime, being in violation of § 50.14 of this code.  Such receptacle may be removed from any premises in the city and impounded without notice to the owner of the receptacle, provided, however, that city staff shall undertake best efforts to obtain consent of the owner or occupant of the property on which the receptacle is to enter on to such property.  Upon being so removed, impoundment shall be pursuant to divisions (D) and (E) of this section.
   (D)   Within two business days after removal of an unlawful receptacle, the Director shall mail written notice to the owner of the receptacle, if an address can be ascertained from information on the receptacle itself, or to the owner of the property from which the receptacle was removed, if removed from private property and the owner of the receptacle cannot otherwise be ascertained.  Such notice shall advise that the receptacle has been removed by the city, and if not redeemed within 30 days by the owner thereof, and all applicable charges paid, may be disposed of by the city in any manner which the city deems appropriate.  The charges to redeem an unlawful receptacle shall be as established by resolution of the City Council.
   (E)   If the owner does not redeem an unlawful receptacle within 30 days of such notice, the Director may dispose of the receptacle in such manner as he/she deems appropriate.  Notwithstanding any provision of this section to the contrary, the Director may dispose of the contents of an impounded unlawful receptacle at any time following impoundment if he/she determines such disposal is necessary to preserve the public health, safety, or welfare.
(Ord. 1297, passed 2-7-07)