No person shall deposit, store, maintain or collect junk, a disabled motor vehicle and/or rubbish outside of a building within the limits of the City. Such acts are hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the people of the City.
(a) Notice to Remove. Upon determination this section has been violated, the Code Official or Police Department shall cause notice to be served as prescribed in Chapter 1404, advising such owner that they have not more than five (5) days in which to remove or cause to be removed any junk, disable motor vehicle and/or rubbish found upon any such lot or parcel of land.
(b) Failure to Comply. If the owner, occupant or person having charge or management of any lot or parcel of land does not remove or cause to be removed such junk, disabled motor vehicle and/or rubbish in accordance with the provisions of this section, then the Code Official or his or her designee is hereby authorized to enforce the provisions of this section and to cause such junk, disabled motor vehicle and/or rubbish to be removed.
(c) Remedy of City. If removal of junk, disabled motor vehicles and/or rubbish is effected by and at the expense of the City, the amount of money so expended shall be recovered from such owner, occupant or person in charge or in control of such premises in any court of proper jurisdiction. The expense, from the time of service of notice upon the owner, occupant or person having charge or management of such premises, shall be a lien upon such premises, which may be enforced by legal proceedings in any court having jurisdiction. The collection of expenses of removal by the City shall not be a bar to a prosecution for a violation of this section or to imposition of the penalty provided in subsection (d) hereof.
(d) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a fourth degree misdemeanor for the first offense and for each subsequent offense the person shall be guilty of a misdemeanor in the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1459-02. Passed 5-9-02.)