(A) (1) It shall be unlawful for any owner, occupant or lessee of any lot within the corporate limits of the town to allow, suffer or permit any construction trash to be deposited on, be or remain on any lot.
(2) Any owner, occupant or lessee performing or having arranged for the performance of work on any lot or parcel of real estate shall deposit all trash in either a wooden fence area, snow fence area or a fenced area comprised of #11, one and one-half-inch mesh wire fence, a minimum of six feet high and of sufficient size and with a sufficient cover or lid to temporarily hold trash from the work. The fenced area shall prevent trash from leaving the lot or parcel of real estate. The trash shall be removed from the fenced area and from the lot or parcel of real estate each time the fenced area is filled. Owners, occupants and lessees shall each be responsible for compliance with this subchapter in the performance of any work. A failure to comply with this division (A)(2) shall be deemed a violation of division (A)(1) above.
(B) (1) It shall be the duty of the Town Marshall to inspect from time to time the various lots lying within the corporate limits of the town, and if it is found that construction trash is on the lots, it shall be his or her duty to report same to the Clerk-Treasurer. The Clerk-Treasurer shall ascertain the names of the owners, occupants or lessees of the property and notify the owners, occupants or lessees, in writing, that the trash shall be removed or this subchapter otherwise complied with within five calendar days after service of the notice. Notice shall be sent to the owner of record as the name and address appears on the tax statement from the Treasurer’s Office of the county or building permit either by certified mail or personal service. Notice shall be given to occupants or lessees, if any, by ordinary mail, by personal service or by leaving a copy of the notice at a residence if there is a residence on the lot.
(2) If notice cannot be given to the owner by either personal service or by certified mail, the notice shall be given by ordinary mail. If notice also cannot be given to the owner by ordinary mail, the Clerk-Treasurer shall give notice by publication in a newspaper of general circulation in the county at least once each week for two successive weeks.
(C) If any owner, occupant or lessee of any lot shall fail to remove the construction trash or otherwise comply with this subchapter after receiving notice, it shall be the duty of the Clerk-Treasurer to cause the same to be removed or otherwise abated pursuant to either division (D) below or § 151.99 below.
(D) (1) The Clerk-Treasurer, through town employees or contractors hired by the town, may enter the lot to abate the violation of this subchapter.
(2) After the Clerk-Treasurer has effected the removal of the trash, the Clerk-Treasurer shall prepare a sworn statement showing the cost of the work performed and any publication or mailing costs and shall bill the owner of record, the occupant and/or lessee. The bill shall be due and payable at the time of receiving statement in the minimum amount of $50.
(3) If the full amount due to the town is not paid by the owner within 90 days after the work has been performed, as provided in division (B)(2) above, then and in that case, the Clerk-Treasurer shall cause to be recorded in the County Recorder’s office a sworn statement showing the cost and expenses incurred for the work and notification of the owner therefor, the date the work was done and the location of the parcel of real estate on which the work was done. The recordation of the sworn statement shall constitute a lien on the parcel of real estate, and it shall remain in force and effect for the principal amount due, plus interest computed in the manner and amount allowed by law for unpaid real estate taxes, plus costs of for collection if any, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same are not paid in full on or before the date the tax bill on which the charges appear becomes delinquent. A sworn statement recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and it shall be full notice to every person concerned that the parcel of real estate designated or described in the statement is subject to a lien and the same is due and collectible as provided by law.
(Ord. 1998-2, passed 1-13-1998) Penalty, see § 151.99