1060.03   CUSTOMER RESPONSIBILITIES; CONTAINERS.
   (a)   No residential or commercial customer shall permit the accumulation of any garbage or rubbish upon any property owned, rented, leased or controlled by him or her, except in regulation containers as defined in Section 1060.02 or in commercial-type covered containers that have been approved by the Director of Public Safety/Service.
   (b)   Upon information that garbage or rubbish exists in violation of division (a) of this section, the Director of Public Safety/Service shall cause written notice that such garbage/rubbish exists in violation of this section.  Such written notice shall be served by personally leaving a copy of such notice with any occupant of such premise, or, otherwise, by posting such notice at or on a site of ingress or egress serving such premises. Thereupon, such garbage/rubbish shall be removed or contained within the appropriate containers within five calendar days of such notice in the manner specified above.
   (c)   If the owner or person in possession of such property fails to comply with the notice provided for in division (b) of this section, the Director of Public Safety/Service may cause the garbage or rubbish to be removed. At the discretion of the Director of Public Safety/Service, the cost to be charged and assessed to and paid by the owner or person in possession of each property for removal of said garbage/rubbish, in conjunction with the removal of garbage and/or rubbish provided by the City hereunder, shall be either a flat fee of one hundred fifty dollars ($150.00) per hour or any fraction thereof, for the services provided by City personnel and the use of City equipment; or, a sum equal to that charged to the City by independent contractors for such removal services contracted for by the City. In addition to the foregoing, the owner or person in possession of property from which garbage and/or rubbish is removed as provided hereunder shall be responsible for the full replacement costs of any equipment damaged as the result of such garbage/rubbish removal provided by either City personnel or its independent contractors.
   (d)   Council shall make a written return to the County Auditor of the action of the City under division (b) and (c) of this section with a statement of the charges for the service of the City in removing such garbage or rubbish, including the amount paid for labor, the fees of the officer serving the notice and a proper description of the premises. Such amount shall be entered upon the tax duplicate and be a lien upon such land from and after the date of the entry, to be collected with other taxes and returned to the City with other items of general fund.
   (e)   Nothing to the contrary herein shall interpreted to prohibit the issuance of a complaint pursuant to the provisions of Codified Ordinance Section 1060.99.
(Ord. 89-158. Passed 11-7-89; Ord. 05-16.  Passed 2-15-05; Ord. 08-112.  Passed 11-18-08.)