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(a) (1) No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(2) This division shall not be deemed to have application to United States mail delivery, to the delivery of newspapers at or near the front doors of residences or other buildings, to the delivery or placing of any legal notice, document or message to or at any premises, or to the placing of necessary barricades, structures or materials on public streets and places by employees of the City or by its contractors, nor shall this division be construed to preclude the storage of leaves within the gutter area of any street right-of-way during normal leaf season as may be defined by the Manager.
(b) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure any natural watercourse.
(c) Upon information that trash, garbage, waste, rubbish, refuse or any other noxious or offensive material or substance has been collected or allowed to remain in any place and that the same is likely to cause damage or prejudice to others or to the public, or upon information that any person has unlawfully obstructed, impeded, diverted, corrupted or rendered unwholesome or impure any natural watercourse, the Manager shall cause written notice to be served upon the owner or person having charge of such land that such trash, garbage, waste, rubbish, refuse or any other noxious or offensive material or substance is to be removed, or, in the case of an unlawful obstruction, impediment, diversion or corruption of any natural watercourse, or in the case of rendering the same unwholesome or impure, that such condition is to be corrected within five days after service of such notice. Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified or first-class mail addressed to the last known address; or
(3) Posted in a conspicuous place in or about the structure affected by such notice.
(Ord. 34-72. Passed 5-1-72; Ord. 20-08. Passed 1-26-09.)
(d) If the owner or person having charge of such land fails to comply with such notice, the Manager shall cause such condition to be corrected and the Manager and any other employees or subcontractors of the City are hereby directed to enter upon any premises for the purpose of correcting any such conditions, which, for the purposes of this section, are hereby declared to be nuisances. Whenever the City has incurred expenses in correcting any such conditions, the City shall give five days notice, by regular mail, to the owner of the lot or parcel, at his or her last known address, to pay the cost of correcting any such conditions, plus the City's administrative cost of fifteen percent of its cost for correcting any such conditions, which notice shall be accompanied by a statement of the amount of cost, including administrative cost, incurred. If the same is not paid within 30 days after the mailing of the notice, such amount shall be certified to the County Auditor for collection, the same as other taxes and assessments are collected.
(Ord. 5-98. Passed 2-16-98.)
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 59-74. Passed 7-15-74.)