(A) Notice to remove.
(1) The Building and/or Zoning Administrator is hereby authorized and empowered to notify the owner of any private property within the village or the agent of such owner to properly dispose of litter located on such owner's property and/or adjacent and abutting sidewalk and/or road right-of-way. Such notice shall be, personally served, or by certified mail, express mail or by an authorized delivery service, addressed to said owner at the address as shown on the most current tax records of the village.
(2) Furthermore, the notice requirement shall not apply to cases of imminent danger to the public health, safety or welfare which, in the village's sole discretion, must be corrected immediately. Such factors may include fire hazards, environmental hazards, rodent or pest infestation, or any other reasonable condition upon the property which the village reasonably believes justifies, immediate, enter upon and abatement of the nuisance and/or dangerous condition.
(B) Action on non compliance. Upon the failure, neglect or refusal, of any, person as outlined in division (A) above, to properly dispose of litter or the condition within the time prescribed in the notice or if the litter or condition is determined to be a public health, safety or welfare issue by the Building or Zoning Administrator, the village is hereby authorized and empowered to immediately remove and properly dispose of such litter and/or condition and proceed with the collection proceedings as stated within this subchapter.
(C) Charge included in tax bill. When the village has effected the removal of such litter, condition or has paid for its removal, the actual cost thereof, plus accrued interest at the rate as outlined in the Village Charter, § 10.287 Section 9.17, shall be due and payable by the owner of the subject property at the time of receipt of such bill.
(D) Recorded statement constitutes lien. Where the full amount due the village is not paid by such owner within 60 days after the village has billed the owner for disposal of such litter, as provided for in division (C) above, the Building and/or Zoning Administrator, shall cause to be recorded in the Register of Deeds Office, a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall constitute a lien against the real property in favor of the village and shall be collected in the same manner as it is provided, by law for the collection of real property taxes pursuant to M.C.L. A. §§ 211.1 et seq.
(Ord. 03-2007, passed 1-28-2008) Penalty, see § 93.99