(a) Storage Prohibited. Furniture that is not specifically constructed or intended for outdoor use shall not be kept or stored outdoors on any premises within the City. No person, whether as owner, tenant, lessee, occupant, or otherwise, shall allow any furniture that is not specifically constructed or intended for outdoor use to remain upon any premises longer than ten days after receipt of written notice to remove such furniture from such premises.
(b) Service.
(1) Upon information that furniture that is not specifically constructed or intended for outdoor use are kept or stored outdoors on any premises within the City, the City Police Department or Safety Service Director shall cause a written notice to be served. Such notice may be served by one of the following methods:
A. Delivery by personal service upon the person to whom the notice is directed or such person's agent; or
B. Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice.
(2) If the notice is returned showing that the letter was not delivered because the addressee no longer lives there, is unknown, or because a wrong address was used and no other address is known, then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published at least once in a newspaper of general circulation in the City.
(c) (1) Removal of furniture by City. If the owner, lessee, agent, or person having charge of the land where furniture that is not specifically constructed or intended for outdoor use is located, served with notice as provided in division (b) of this section, fails during the ten-day period provided for in division (a) of this section above stated, to remove such furniture, the Service Director of the City, his agent, or an officer of the Police Department, is authorized to dispose of any such furniture remaining within the City in violation of this section.
(2) Right of entry. When the Service Director, his or her agent or appropriate law enforcement officer has reason to believe that furniture that is not specifically constructed or intended for outdoor use may exist on a certain property, the said Service Director, his or her agent or law enforcement officer is authorized at reasonable times to enter upon the property to inspect same. Prior to entering into a space not otherwise open to the general public, the Service Director, his or her agent or law enforcement officer shall make a reasonable effort to locate the owner or other person having charge or control of the premises, and present proper identification and request entry. If requested entry is refused or otherwise not obtained, the law enforcement officer shall have recourse as provided by law.
(d) Expenses. All expenses relating to the removal and disposition of furniture that is not specifically constructed or intended for outdoor use shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:
(1) All direct costs for the removal and disposal of furniture that is not specifically constructed or intended for outdoor use;
(2) The costs for preparing and serving all notices; and
(3) An administrative fee of one hundred fifty dollars ($150.00) for each location where furniture that is not specifically constructed or intended for outdoor use are removed.
(e) Collection. In the event that the owner or other person in charge or control of such property, fails to pay such expenses within 30 days after being notified in writing, by regular U.S. mail, of the amount thereof by the Safety Director, the Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(f) Penalties. Whoever violates this section is guilty of a minor misdemeanor for a first offense in any calendar year and a misdemeanor of the third degree for any subsequent offense in the same calendar year. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 21-016. Passed 7-26-21.)