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858.04   MAINTENANCE STANDARDS.
   Every donation box shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the forgoing, each donation box shall be serviced and maintained so that it is free of dirt and grease, free of chipped, faded, peeling, and cracked paint, free of rust and corrosion, and free of cracks, dents, blemishes, and discoloration. Donation boxes shall be emptied regularly and within 48 hours of the primary contact person being notified by any Village official that the box is full. Each donation box shall clearly state the name, address, and phone number of the charity to which the donated items will benefit.
(Ord. 2014-51. Passed 4-9-14.)
858.05   LOCATION AND MAXIMUM NUMBER OF BOXES PER PROPERTY.
   (a)   No person shall place or maintain, and no property owner or tenant shall permit or maintain, any donation box in any location that obstructs the sight lines of vehicular traffic.
   (b)   No more than two outdoor donation boxes shall be permitted on any parcel of property.
(Ord. 2014-51. Passed 4-9-14.)
858.06   CORRECTION ORDERS AND REMOVAL.
   (a)   Upon determination of the Mayor that a donation box has been placed or is being maintained in violation of this chapter, an order to correct the offending condition shall be served on the donation box owner or primary contact person designated by the permit holder by certified mail. If no permit application for the donation box has been filed with the Village, as required by Section 858.03, the order shall be served on the party in control of the property in person or by certified mail. The order shall describe the offending condition and actions necessary to correct the condition. The order shall provide that the permit holder shall correct the offending condition within five business days after receipt of the order, or to file an appeal from the order with the Board of Zoning Appeals. If a violation is neither remedied nor appealed within the time period set forth in the order, the Mayor shall transmit notification to the Chief of Police, who thereafter may impound the donation box that has been determined to be in violation of this chapter.
   (b)   Appeals of a person adversely affected by any order, requirement, decision or determination by the Mayor under this chapter, including a denial of a permit, shall be heard and decided by the Board of Zoning Appeals. The Board may affirm, disaffirm, or grant exception from the order, requirement, decision or determination from which the appeal has been taken. If the Board affirms an order of the Mayor issued pursuant to division (a) of this section, the owner shall have three business days to correct the violation or remove the donation box in question; if the owner fails to correct the violation within that time, the Mayor shall transmit notification to the Chief of Police, who thereafter may impound the donation box. Within two days of the date of an impoundment made pursuant to this division, notice of the impoundment, including the reasons therefor shall be served by certified mail to the donation box owner or primary contact person designated by the permit holder. If no permit application for the donation box has been filed with the City, as required by Section 858.03, the notice of impoundment shall be served on the party in control of the property in person or by certified mail.
(Ord. 2014-51. Passed 4-9-14.)
858.07   DISPOSITION OF IMPOUNDED DONATION BOX AND CONTENTS.
   (a)   Unless the donation box and its contents are being held as evidence in a criminal prosecution, the owner of a donation box may, at any time after impoundment, recover the donation box and its contents upon payment of an impound fee of twenty-five dollars ($25.00) plus the reasonable additional costs, if any, of impounding the donation box, including a storage charge of one dollar ($1.00) per box, per day for each day in excess of five working days after notification is given to the owner that the donation box is in the possession of the Village.
   (b)   If the donation box is not recovered within 30 calendar days of the receipt of the notice of impoundment, the contents of the donation box may be disposed of by the Chief of Police through donation to any other charity accepting donations of similar kind. The donation box may be discarded or sold for scrap with the proceeds deposited into the Village General Fund.
(Ord. 2014-51. Passed 4-9-14.)
858.99   PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a fourth degree misdemeanor on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third and any subsequent offense. Each day during which noncompliance or a violation continues shall constitute a separate offense.
(Ord. 2014-51. Passed 4-9-14.)