(a) Definitions. As used in this section:
(1) “Junk” means any worn-out cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use.
(2) “Rubbish” means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, stumps, tree trunks, brush, paper circulars, handbills, boots, shoes, ashes, garbage (rejected food including every waste accumulation of animal, food and vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables, sewage waste), broken lawn care or lawn decoration items, toys, bicycles, human or animal aids or containment items, car parts, tires, lawn clippings, offal or any waste materials.
(3) “Owner” means the person, firm or corporation in whose name any premises are listed in the records of deeds in the Mercer County Recorder’s office.
(4) “Notice” means a written statement the manner in which a provision of this section is being violated, the description and/or location of the premises, the name of the owners and tenants (if any) of such premises and the period of time within which such premises are to be cleared from such violation. Such notice shall be signed by the issuing police officer.
(b) Accumulations Prohibited. No person shall deposit, store, maintain or collect, or permit the storage, deposit, maintenance or collection of, any junk or rubbish on his own premises or any premises under his control, or on the streets, sidewalks or alleys or in any other place within the Municipality, except as expressly provided by law.
(c) Enforcement; Notice; Service.
(1) No person violating subsection (b) hereof shall within ten (10) days after notification to the property owner/property owner’s agent of such violation by a police officer fail to remove or cause to be removed any junk or rubbish or to have the same placed in a fully-enclosed building.
(2) Such notice shall be served upon the owner by certified mail, and shall be served upon the tenant if there is such by conspicuously posting a copy upon the door of the premises or in a conspicuous manner upon any vacant lot, or by certified mail, or by personal delivery by an officer of the Police Department.
(3) The fact that such premise are rented or leased by the owner to another party shall not relieve such owner from the responsibilities herein created.
(4) Upon failure to remove or cause to be removed any junk or rubbish or to have placed into a fully-enclosed building, the City shall proceed to remove such junk or rubbish and dispose of same.
(5) The cost of the labor for such removal and disposal shall be $500.00 per hour, within a minimum charge of one hour, and with all time increments being rounded up to next full hour.
(6) Such charges are due and payable by owner of property within thirty days of receipt of invoice after such the City shall cause such charges, plus any legal fees and penalties meted out subsection (d), to be placed upon the tax duplicate of the property for collection by the County Auditor.
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 33-15-O. Passed 8-10-15.)