(A) Accumulation Of Refuse Prohibited:
1. Every person residing, doing business, owning, managing, renting, or leasing property within the city limits shall be required to keep that property free from any accumulation or scattering of refuse (see definition of "refuse", section 5-5-330 of this subchapter). This shall not only include all refuse on private property, but also any refuse blown from or scattered from private property onto public property adjacent to or contiguous with that property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches.
2. The storage of automobiles in various states of disrepair by authorized auto salvage companies is exempt from subsection (A)1 of this section as it pertains to the automobiles used in the auto salvage business.
3. It is not a violation of subsection (A)1 of this section for the owner(s) of junk vehicles to store these vehicles in an enclosed garage or to store the vehicles in such a manner that they are screened from view of the street and any neighbors, either by fence or other opaque screen. All screens must comply with all other relevant provisions of this code.
(B) City To Cause Cleanup Of Refuse And Charge Against Property: Every person owning, managing, occupying, renting, leasing or using property within the city limits shall keep that property continuously free of refuse. The city manager or city council, after five (5) days' notice, may cause the removal and disposal of refuse as often as necessary on lots, lands, or premises not in compliance. The expense of such work shall be billed to the property owner involved and if not paid within thirty (30) days, assessed against the property involved as general taxes and collectible as other state, county and municipal taxes.
(C) Penalty For Violations: Any person owning, managing, or occupying any lots, lands, or premises within such incorporated limits of the city who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in subsection (A) of this section shall be deemed guilty of a misdemeanor. The chief of police or his/her designee shall have the authority to issue a ticket to violators of subsection (A) of this section.
Any person convicted of a violation of subsections (A) and (B) of this section shall be fined in a sum not less than one hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one offense and such person may be confined in jail for a period of not more than thirty (30) days. Either or both such fine and imprisonment may be imposed.
In addition to the above criminal penalties, should the city cause removal and disposal of refuse or other items as often as necessary on lots, lands, or premises not in compliance, such work shall be billed and paid at two hundred percent (200%) of actual expense to the property owner involved. The court shall order payment to the city of the above cost as a condition of any probation granted in a criminal proceeding. Failure of a defendant to pay within the prescribed period may be enforced by the city within the courts.
(D) Each Five Days Separate Offense: Each and every five (5) days any such person mentioned and described herein shall fail, refuse or neglect to comply with the provisions of subsections (A) through (C) of this section shall constitute a separate and distinct offense against the provisions of this section and each of such separate offenses shall be punishable as provided by the provisions of subsection (C) of this section. (Ord. 808, 4-14-2005)