(A) It shall be unlawful for any person owning, keeping, harboring or having charge of any dog or cat to collect, confine, keep or harbor such, animal in a structure, pen, coop, yard or otherwise so as to create an unsanitary, unwholesome, malodorous or other obnoxious or unclean condition.
(B) Any person owning, keeping, harboring or having charge of any dog or cat shall keep the yard, pen, shelter or building provided and maintained for the confinement of such dog or cat or that is used for housing, harboring or keeping such animal, clean by removing from the premises all manure and waste matter from which odors may arise or which may act as vermin harborage. The cleaning shall occur at least once each day.
(C) (1) The city may recover all costs for services and supplies incurred by the city in connection with the abatement of any unsanitary, unwholesome, malodorous or other obnoxious or unclean condition created by the keeping or harboring of any number of dogs or cats whether such animals are kept in a pen, coop, yard, home or otherwise. Such assessable costs shall include, but shall not be limited to, the actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of transportation, equipment, costs of disposal and costs of contracted labor). The city shall further be entitled to charge attorney fees and court costs which may be incurred.
(2) The City Controller or his or her designee shall in consultation with other city personnel involved determine the total assessable costs incurred by the city.
(3) The City Treasurer shall mail an itemized invoice to the responsible party at his, her or its last known address. Such invoice shall be due and payable within 30 days of the date of mailing and any amounts unpaid after such date shall bear a late payment fee equal to 1% per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. If a responsible party shall appeal assessable costs to the Burton City Council, such costs, if upheld, in whole or in part, shall be due and payable 30 days from the date of determination of the appeal and any late payment fees shall apply thereafter.
(4) Assessable costs assessed against a responsible party not paid when due, including late payment fees, shall constitute a lien upon the real property of the responsible party in the city, from which, upon which or related to which the hazardous condition occurred. Such lien shall be of the same character and effect as the lien created by City Charter for city real property taxes and shall include accrued interest and penalties. The City Treasurer shall, prior to March 1 of each year, certify to the City Assessor the fact that such assessable costs are delinquent and unpaid. The City Assessor shall then enter the delinquent amount on the next general ad valorem tax roll as a charge against the affected property, and the lien thereon shall be enforced in the same manner as provided and allowed by law for delinquent and unpaid real property taxes.
(5) In addition to the remedy set forth above, the city shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
(6) The recovery of assessable costs pursuant hereto does not limit the liability of a responsible party under applicable local, state or federal law.