A. Nuisance Declared: All garbage and refuse not collected and removed by the commercial refuse collector and allowed to remain unremoved by the property occupant or owner for a period of ten (10) days is hereby declared to be a common nuisance.
B. Duties Of Police Officers And Community Service Officer: It shall be the duty of all police officers, the community service officer and employees under the community service officer's supervision to oversee the prompt removal of all garbage and refuse not collected by the commercial refuse collector.
C. No Accumulation Allowed: No garbage or refuse shall be allowed to accumulate along any street, alley, or public place, on or upon any vacant lot or other lots by either the occupant or owner of the property. For purposes of this chapter, one-half (1/2) of any street or alley lying next to the lands abutting thereon shall be considered part of such land.
D. Notice By Community Service Officer: It shall be the duty of the community service officer or his authorized representative to enforce the provisions of this chapter and, upon determining a violation exists, shall ascertain the name and mailing address of the occupant or owner of the premises and the description of the premises where the violation exists. Written notice of the violations shall be served upon said occupant or owner of the property directing that said garbage or refuse be removed from the property within ten (10) days or the city will cause said garbage and/or refuse to be removed, with the cost thereof to be charged against the property owner from whose property said garbage and refuse is to be removed. Charges for said garbage and removal shall be set by the city council from time to time and communicated to the community service officer considering not only the actual expense for removal incurred by the city or charged by the city but also an administrative fee for the issuance of notice and other related tasks related to such garbage and refuse removal.
E. Failure To Remove: If the owner or occupant shall fail to remove said garbage and/or refuse within the time specified in the notice of violation, the community service officer shall cause the removal of said garbage and/or refuse and shall bill the costs thereof, together with a reasonable charge for administration and supervision, to the owner of the premises. If said charges are not paid forthwith, the community service officer shall certify the same to the city council, who shall pass a resolution asserting such charges as a special tax against the premises involved. (Ord. 85-2, 6-17-1985)
F. Penalty For Violation: When a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the city office. Thereafter, an investigation of such allegations shall be made and appropriate action taken as provided by this chapter. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Persons or legal entities who violate this chapter or fail to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in section 1-4-1 of this code, and, in addition, shall pay all costs and expenses involved in conviction. Each day such violation occurs may be considered a separate offense and punishable as such.
G. Intent Of Absolute Liability: It is the intent of the city council that the misdemeanor criminal offenses listed in this chapter be offenses involving legislative intent. Said offenses shall not require proof of any one of the mental states in Montana Code Annotated subsections 45-2-101(35), (43) and (65). (Ord. 85-2, 6-17-1985; amd. 2009 Code)