917.03 FAILURE TO COMPLY.

   (a)   If the owner, lessee, agent, tenant or person having charge of, or responsibility for, the maintenance of any lot, land or premises fails to comply with the written notice, the Director of Public Service or his designee shall thereupon cause the litter, junk or trash to be collected, removed and lawfully disposed of and for such purpose he may employ the necessary labor to carry out the provisions of this section. All expenses of labor and costs incurred shall, when approved by the Director or his designee, be paid out of municipal funds not otherwise appropriated.

   (b)   When the Director or his designee causes litter, junk or trash to be removed, as provided in subsection (a) hereof, a statement of the costs shall be mailed to the owner of such lot, land or premises by certified mail, return receipt requested. Such statement of cost shall include the following costs to the City:

      (1)   Administration and supervision.

      (2)   Transportation of equipment.

      (3)   Equipment rental.

      (4)   Equipment operator.

      (5)   Incidental labor.

      (6)   Dumping, disposal fees.

   The fee to be charged shall be the minimum hourly charges of seventy-five dollars ($75.00) for the first hour or portion thereof and sixty dollars ($60.00) for each additional hour or portion thereof, or the actual costs incurred by the City, whichever is greater.

   (c)   If the owner of such lot, land or premises fails to pay the fee charged by subsection (b) within thirty days from receipt of the statement of costs, the Director or his designee may commence and pursue the appropriate actions against such owner to collect the amount due to the City.

   (d)   The Director or his designee is authorized to make a written account to the County Auditor of his/her actions under Section 917.01 to 917.03, and a proper description of the lot, land or premises involved. Such amounts, when allowed, shall be entered upon the tax duplicate and shall be a lien upon the lots, lands or premises from and after the date of the entry and be collected as other taxes and returned to the City's General Fund.

(Ord. 94-150. Passed 6-21-94.)