A. Prohibitions Enumerated:
1. No person shall permit any waste to accumulate within the village unless the same shall be suitably enclosed in covered waste containers, except as otherwise provided in this chapter. No person shall permit the accumulation of discarded household furniture, furnishings, fixtures, appliances or parts thereof or dead animals, trees, tree branches, tree roots, tree trunks, brush, shrubs, grass clippings, plant stalks or leaves. All such waste shall be removed from the premises, and every person shall keep his premises at all times free and clean from the same.
2. It shall be unlawful to dispose of or place any waste or other material in any street or other public place in the village. (1978 Code § 9-2-1-4)
3. It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the village, or in any area under the jurisdiction of the village, any garbage or other objectionable waste. (1978 Code § 9-2-1-4; amd. 2011 Code)
4. No person shall dump or otherwise dispose of any garbage, rubbish, trash, refuse, waste or litter in violation of state law or the provisions of this code. (Ord. 96-38, 5-2-1996)
B. Violation; Penalty: Any property owner permitting any garbage, rubbish, trash, refuse, waste or litter not properly contained in appropriate trash bins or dumpsters to remain on the property owner's premises for a period of twenty four (24) hours shall be guilty of a petty offense and fined as provided in section 1-4-1 of this code. Each day shall be considered a separate offense. (Ord. 96-38, 5-2-1996; amd. 2011 Code)
C. Removal By Village; Costs:
1. In the event the materials are not properly disposed of and removed from the premises within seventy two (72) hours, the village may, in its discretion, remove said debris. The cost of the debris removal shall be chargeable to the property owner. (Ord. 96-38, 5-2-1996)
2. The village may remove or provide for the removal of garbage and waste or debris from private property when the owner of such property, after reasonable notice, refuses or neglects to remove such garbage and waste as provided in this chapter, and may collect from such owner the reasonable cost thereof. This cost shall be a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if, within sixty (60) days after such cost and expense is incurred, the village, or the person performing the removal service by authority of the village, in his or its own name, files notice of lien in the office of the county recorder of deeds. The notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof; b) the amount of money representing the cost and expense incurred or payable for the removal service; and c) the date or dates when such cost and expense was incurred by the village. However, the village lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage, waste or debris and prior to the filing of such notice, and the said lien of the village shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property, after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien. (1978 Code § 9-2-2-8; amd. 2011 Code)