(a) No person, whether as owner, lessee, agent, tenant, or any other person having charge or care of land in the City shall pile or accumulate, or allow to be piled or accumulated, sand, gravel, dirt, topsoil, loam, or other similar materials on such property, including any adjacent right of ways, unless approved as part of a landscape plan or necessary for the reasonable flow of surface water. Any pile or accumulation of sand, gravel, dirt, topsoil, loam, or other similar materials in violation of this section constitutes a detriment to public safety, health and welfare and hereby is declared a nuisance.
(b) When determined through an investigation by the City of Greenfield, Chief of Police, City Manager or his/her designee that a violation of subsection (a) hereof exists upon any land within the City, a written notice of violation shall be served to the owner, lessee, agent, tenant or person having charge or care of the land. This notice may be served by certified mail or personal service and shall contain an order to grade or level the property within twenty-one (21) days. If the address of the owner or other person having charge of the land is unknown it, is sufficient to publish the notice once in a newspaper of general circulation in the county
(c) In the event the owner, lessee, agent, tenant, or person having charge does not comply with the order to level or grade the land within the time limit specified in subsection (b) hereof, after notice of violation has been issued, the City Manager or his/her designee shall cause such piled or accumulated sand, gravel, dirt, topsoil, loam, or other similar materials to be leveled, removed, or graded, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. In addition, the owner, lessee, agent, tenant, or person having charge of the land is liable to the penalties provided herein.
(d) When piled or accumulated sand, gravel, dirt, topsoil, loam, or other similar materials, is leveled, graded, or removed from land by the City, a statement of cost thereof shall be mailed to the owner, lessee, agent, tenant, or person having charge of the land of such land by certified mail, return receipt requested. Such statement shall include the following costs to the City:
(1) Actual cost of leveling, grading, and/or removing the sand, gravel, dirt, topsoil, loam, or other similar materials.
(2) Service of notice fees and a 50% administrative fee.
(e) The owner, lessee, agent, tenant, or any other person having charge or care of land shall pay such fees as are charged in accordance with subsection (d) hereof to the City Auditor within thirty days after receipt of the statement of costs. Any payment so received shall be restored to the appropriation from which the costs were paid. If the fee is not paid when due, the City Auditor shall certify to the County Auditor the proceedings taken under this section, together with a statement of the charges for services listed in subsection (d) hereof and a legal description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund
(f) The Chief of Police, police officer, or Clerk may make service and return of the notices provided for in subsections (b) hereof, and shall be allowed the same fees as that provided for service and return of summons in civil cases before a court or magistrate.
(g) Whoever violates this section is guilty of a minor misdemeanor. Each day the sand, gravel, dirt, topsoil, loam, or other similar materials remains piled or accumulated on the land is not leveled, graded, or removed after the specified time limit has expired shall constitute a separate offense. (Ord. 13-10. Passed 9-21-10.)