§ 92.05 FAILURE TO COMPLY.
   (A)   If the owner, lessee, agent, tenant, or person having charge of or responsibility for the maintenance of any lot, land, or premises fails to comply with the written notice, the Mayor or his or her designee shall thereupon cause the litter, junk, or trash to be collected, removed and lawfully disposed of, and for that purpose he or she may employ the necessary labor to carry out the provisions of this section. All expenses of labor and costs incurred shall, when approved by the Mayor or his or her designee, be paid out of municipal funds not otherwise appropriated.
   (B)   When the Mayor or his or her designee causes litter, junk, or trash to be removed, as provided in division (A) above, a statement of the costs shall be mailed to the owner of the lot, lands, or premises by certified mail, return receipt requested.
      (1)   This statement of cost shall include the following costs to the village:
         (a)   Administration and supervision;
         (b)   Transportation of equipment;
         (c)   Equipment rental;
         (d)   Equipment operator;
         (e)   Incidental labor; and
         (f)   Dumping, disposal fees.
      (2)   The fee to be charged for labor shall be $75 for the first hour or portion thereof and $60 for each additional hour or portion thereof, or the actual costs incurred by the village, whichever is greater.
   (C)   If the owner of the lot, lands, or premises fails to pay the fee charged by division (B) within 30 days from receipt of the statement of costs, the Mayor may commence and pursue the appropriate civil action against the owner to collect the amount due to the village; or
   (D)   The Mayor is authorized to make a written account to the County Auditor of his or her actions under this subchapter and a proper description of the lot, lands, or premises involved. The amounts, when allowed, shall be entered upon the tax duplicate and shall be a lien upon the lot, lands, or premises from and after the date of the entry and be collected as other taxes and returned to the Village General Fund.
(Ord. 2010-71, passed 6-7-2010)