(A) (1) The city may take one or more of the following course of action in enforcing any violation of this chapter, except where otherwise provided:
(a) A civil penalty of $25 may be levied against any person who violates any section of this chapter (with the exception of §§ 97.10, 97.12 and 97.16 or where otherwise indicated), and who has been issued a citation in accordance with division (B) below. A penalty of $10 may be levied against any person who violates § 97.30 or any of §§ 97.37, 97.46 and 97.50. A penalty of $50 may be levied for any violation of §§ 97.10, 97.12 and 97.16. Any person in violation of §§ 97.38 and 97.41 of this chapter, after five days of receipt of any written citation, shall be subject to the following penalty, as calculated using the overtime rate and landfill load charges, which apply at the time of pickup.
(b) The violator may be charged with a misdemeanor and be subject to a penalty as prescribed by § 10.99.
(c) The city may apply to the appropriate court for an injunction and order of abatement, which would require that a violator correct any unlawful condition relating to this chapter on the person’s property.
(d) A lien will be levied against the property owner for the cost of removal of solid waste, weeds or grass by city personnel or private contractor as provided by the authority of the city.
(e) If the owner fails to pay the bill within 30 days, the city may place a statutory notice of lien against the property for the cost of bringing the property into compliance with this chapter. The city is authorized to cancel any notice of lien filed pursuant to this chapter that has been satisfied or that resulted from a clerical error. A property owner may challenge the filing of a lien by appeal to the governing body within 30 days of receipt of the written notice of violation. The governing body has the authority to cancel the lien if it finds that the alleged violation of the specific provision causing the filing of the lien did not exist.
(Prior Code, § 8-7)
(2) (a) A written notice will be delivered or sent by certified mail in the event that the person who has allowed the trash, garbage, refuse, leaves, weeds, grass or overgrowth to accumulate on the property. It shall be unlawful for any person, upon receipt of the notice to fail to comply within three days.
(b) Enforcement officers are empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any provision of this chapter. These citations may be delivered in person to the violator, or if the violator cannot be readily found, the citation may be mailed. The citation shall direct the violator to appear before the city inspector in the Citizen Service Center, within ten days of the date of the citation or, alternatively, pay the citation by mail. The violation must be corrected by the time the citation is paid. Otherwise, another citation will be issued.
(c) If the violator does not appear or does not pay the citation by mail within ten days of its issuance, a delinquency charge of $10 shall be added to the amount shown on the citation and a notice thereof will be mailed to the violator. This notice shall inform the violator that a criminal summons will be issued if the citation and delinquency charge are not paid within five days from the date of the delinquency notice.
(d) If a violator fails to respond to the citation and delinquency notice, the enforcement officer shall have a criminal summons issued against the violator. The summons shall be for the violation of a section or a specific provision of this chapter. Upon conviction, the violator shall be subject not only to the citation and delinquent charge prescribed by the citation, but also to any criminal penalty the court may impose pursuant to § 10.99 and to court costs.
(e) All citation forms shall be serially numbered in triplicate. Records of all citations shall be maintained so that all forms shall be capable of being accounted for. The Finance Officer shall periodically investigate records of the Department for the purpose of determining the disposition of the citations.
(Prior Code, § 8-8)
(3) All proceeds received from the collection of penalties shall be deposited into the General Fund.
(Prior Code, § 8-9)
(B) (1) Any person violating the terms of § 97.12(B) shall pay the following:
(a) For the first violation, a fine of $25;
(b) For the second violation, a fine of $50; and
(c) For the third and each subsequent violation, a fine of $100.
(2) If a citation shall be written for a violation by an enforcement officer for the city, then the city shall be the recipient of the fines or penalties which may be paid; and if the citation shall have been written by an enforcement officer for Cleveland County, then Cleveland County shall be the recipient of the fine or penalty paid.
(Ord. 00-26, passed 6-19-2000; Ord. 06-11, passed 6-27-2006; Ord. 24-02, passed 1-11-2024)