(a) No person shall set out containers or other garbage and refuse for collection outside of the time period permitted by this chapter. If any person violates this section, the Municipal Manager shall have the option of enforcing this section as follows:
(1) Leaving a written notice at or mailing a written notice to the property where the violation occurs advising the property owner, tenant or other person in charge of the property of the permitted hours for setting out containers, garbage or refuse and that any future violations may result in a charge for early collection and/or criminal citation; or
(2) Order the immediate collection of the garbage or refuse and cause written notice of the additional fee incurred for the pick up to be served upon the owner of the property notifying him that garbage or refuse was set out in violation of this section and that the cost of the additional pick up shall be paid within fourteen days after service of the notice.
If the owner is a nonresident of the Village, the notice shall be sent by certified mail to the owner at the address where he resides. If after a diligent search the owner cannot be ascertained or if the certified mail is returned undeliverable, notice shall be made once in newspaper of general circulation in the Village and the fourteen day time period shall begin on the date the notice is published. The property owner, tenant or other person in charge of the property shall within fourteen days of the notice either pay the fee or contact the Municipal Manager in writing requesting a hearing before the Municipal Manager to rebut the presumption that the garbage or trash which was picked up from the property was left there by the owner, tenant or other person in charge of the property. The decision of the Municipal Manager concerning such appeal shall be final. In the event no appeal is taken and payment is not made as required, or in the event appeal has been taken but the Municipal Manager has determined that the owner, tenant or other person in charge is still responsible for the fee and the fee remains unpaid, the Municipal Manager is authorized to notify the County Auditor of the fees which the Village has incurred for the additional pick up of the garbage or refuse and such amount shall be entered upon the tax duplicate, and shall be collected as other taxes and returned to the municipal corporation with the general fund.
(b) Nothing within this section shall be construed to prohibit, either concurrently or in the alternative, any other civil or criminal action based upon any violation of this chapter.
(Ord. 2010-9-S. Passed 4-6-10; Ord. 2015-10-S&S. Passed 11-24-15.)