1268.09 MAINTENANCE, CONSTRUCTION OR REPAIR OF REQUIRED FACILITIES.
   (a)    No person owning or being in possession of land within the City shall:
      (1)    Permit trash, debris, litter or putrid substances to accumulate, be of a fugitive nature or otherwise cause annoyance to other properties during construction of any development or after completion;
      (2)    Allow to continue a structure, use or activity which is contrary to the provisions of this Zoning Code, Chapter 1280, Chapter 1222, Chapter 1224, the Building Code or any other provision of these Codified Ordinances relating to development, control and maintenance;
      (3)    Permit to continue the existence of an incomplete or damaged building, structure, fence, parking lot, landscape, sign, utility system, storm drainage facility or other required work pursuant to the Codes and chapters specified in paragraph (a)(2) hereof, or allow the same to remain in a state of disassembly, deterioration or disrepair.
   (b)   Upon information that land, or a building, structure, utility or other required improvement is being allowed to exist in violation of subsection (a) hereof, the Director of Service or his or her designee shall cause written notice of the nature of such violation to be served on the owner or other person having possession of such land. Thereupon, such item shall be brought into compliance with this section by the owner or other person in possession thereof and the violation specified in such notice shall be eliminated within the time specified by the Director in such notice. In determining the time allowed for correction of such violation, the Director shall allow a reasonable period necessary to permit correction and elimination of the violation, taking weather conditions into account and considering the actual time required for completion of the work.
   (c)   If the owner or other person in possession of such land fails to comply within the time allowed in the notice provided in subsection (b) hereof, Council, subject to appeal to a court of competent jurisdiction, shall cause the work required to eliminate the violations noted to be done at the expense of the City and the amount of money so expended shall be recovered from the owner as provided herein.
   (d)   The Director of Finance shall make a written return to the Montgomery County Auditor of the action of the City under subsections (b) and (c) hereof, with a statement of the costs incurred by the City, including amounts for materials, labor and equipment, and a proper description of the premises. Such amounts shall be entered upon the tax duplicate and be a lien upon such land from and after the date of entry, to be collected with other taxes and returned to the City with other items of the General Fund.
(Ord. 79-56. Passed 11-13-79.)