(A) General. The village owns certain property legally described as Section 15, Township 28, Range 3, 20 acres, and east 20 acres of the south half of southwest, having the property identification number 13-13-15-300-003, located at the intersection of 350 East and 1800 North Road. Upon the property is located the Village Wastewater Treatment Plant. The village has determined that members of the public have been dumping waste and trash and burning materials on parts of this property.
(B) Prohibited uses. The following shall be prohibited uses of the property owned by the village and described in division (A) above.
(1) The use of the village property described above beyond at or beyond the second set of gates from the road to dump, leave, or attempt to dispose of any kind of waste materials, whether natural materials such as, but not limited to trees, brush, or yard waste, or human-made materials such as, but not limited to, garbage, furniture, and building materials is prohibited.
(2) No one is permitted to dispose, leave, dump, or attempt to burn any materials containing petroleum products, such as, but not limited to tires, oil, or any automobile fluids at any time or for any reason.
(3) No one shall burn any materials upon the above described property and leave the fire unattended or smoldering.
(4) Any entry by a member of public upon the above described property for such purposes is prohibited from dusk to dawn of each day.
(5) Any entry upon the property by anyone not a village employee, official, or person with the express permission of the village beyond the second set of gates from the road is prohibited.
(C) Enforcement process. The penalty for each violation of this shall be a fine of $200 plus any attorney’s fees and costs the village may incur to enforce this section. The village, its officers and staff upon determining a violation of this section has occurred and who the offending party is, shall follow the following process in enforcing this section.
(1) Tender the notice of violation to the person determined to have violated this section. This may be done by regular mail, certified mail, registered mail, or email.
(2) The notice shall include the date of the violation, the nature of the violation, and demand for the fine of $200 for each such violation asserted to have occurred.
(3) If the fine is not paid within 30 calendar days after the date of the notice, the village may initiate ordinance violation proceedings against the person or persons responsible for the violation.
(Ord. 2018-07, passed 10-16-2018) Penalty, see § 53.99