(a) Purpose. The purpose of this section is to regulate and control the accumulation, removal and disposal of garbage and debris and to eliminate unhealthy, unsanitary and unsightly conditions in the City.
(b) Garbage and Debris Defined. As used in this section, "garbage and debris" means rejected food wastes, including every waste accumulation of animal, fruit or vegetable matter used or intended for food and such paper as may necessarily be used for wrapping the same, and all solid wastes, including garbage, ashes, rubbish, dead animals, paper, sweepings, solid market and industrial wastes, cans, metalware, broken glass, crockery, dirt, boxes, wood, grass clippings, abandoned machines and litter of any kind.
(c) Responsibilities of Owners, Occupants and Lessees. The owner, occupant or lessee of any premises in the City shall cause to be removed from such premises all garbage and debris and shall keep such premises, at all times, free and clean from any accumulation thereof except when in proper containers for the garbage collector.
(d) Removal by City. The corporate authorities may remove garbage and debris from private property after ten days written notice is given to the owner of record of such property by the City Clerk, which notice shall state that the City intends to remove the garbage and debris if the owner fails to do so. The notice shall further state that the cost of such removal will be placed as a lien against the real estate.
(e) Collection of Costs. Upon the removal of garbage and debris from private property pursuant to this section, the corporate authorities may, within sixty days after the cost therefor is incurred, file notice of a lien in the office of the Recorder of Deeds or with the Registrar of Deeds of the County. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost incurred or payable for the service and the date when such cost was incurred by the Municipality. However, the lien of the Municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal of the garbage and debris and prior to the filing of such notice, and the lien of the Municipality shall not be valid as to any mortgage, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost by the owner of such property or by persons interested in such property, after notice of the lien has been filed, the lien shall be released by the City or the person in whose name the lien has been filed and the release may be filed of record as in the case of filing a notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. A suit to foreclose a lien shall be commenced within two years after the date of filing of the lien.
(Ord. 4-1-90. Passed 4-4-90.)
(f) Exceptions; Screening of Unsightly Materials. In cases where otherwise unsightly materials would be in violation of this section, but the offending materials are an integral part of a legitimate, profit-motivated enterprise or business, then certain exceptions and conditions shall apply. For an exception to be applicable, the owner, occupant or lessee of the premises shall present good cause to Council of the importance of the materials, the nature of the business and to what extent it would be unreasonably burdensome to be in compliance with this section. Upon a showing of good cause, Council, in its discretion, may waive the requirements of this section, provided that a fence, barrier or other enclosure of sufficient height and of appropriate material is erected and installed so as to completely enclose and bar from outside view the material. The size, type, style, height and other specifications of the fence, barrier or other enclosure are subject to prior approval by Council. All costs of installation and maintenance of the same shall be the sole responsibility of the owner, occupant or lessee of the premises. The fence shall be maintained in good and sufficient condition so that it continues to act as a barrier to outside view of the materials and so that no materials escape from the premises.
This subsection shall apply to all premises within the City and within one and one-half miles of the City upon its effective date, including all pre-existing conditions. This does not apply to materials that are unhealthy, unsanitary or unsafe.
(Ord. 94-5-3. Passed 5-25-94.)