(a) Occupied Property. No person shall throw or deposit litter on any occupied private property within the Municipality, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(b) Maintenance by Owners. The owner or person in control of private property shall, at all times, maintain the premises free of litter. However, this division shall not prohibit the storage of litter in authorized private receptacles.
(c) Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Municipality, whether owned by such person or not.
(d) Removal Required.
(1) Notice to remove. The Mayor or his or her agent is hereby authorized to notify the owner, or his or her agent, of any open or vacant private property in the Municipality, that litter located on such property is dangerous to public health, safety or welfare, and to order the owner or agent to properly dispose of such litter. Such notice shall be by certified mail, return receipt requested, addressed to such owner at his or her last known address.
(2) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of the written notice provided for in division (d)(1) of this section, or within ten days after the date of such notice if the same is returned to the Municipality by the United States Postal Service because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Mayor is hereby authorized to pay for disposing of such litter or to order its disposal by the Municipality.
(Ord. 1104. Passed 8-3-87.)
(3) Payment by property owner. The property owner shall be notified of the actual cost of removal of such litter and such property owner shall pay such amount to the Municipality within thirty days of the date of disposal of such litter.
(Adopting Ordinance)
(4) Collection of charges; liens. When the Municipality has effected the removal of such dangerous litter or has paid for its removal and the property owner has not paid the cost thereof within thirty days of its removal, the Clerk-Treasurer shall certify to the County Auditor the proceedings taken under this section, together with a statement of the cost and expense incurred for the work plus interest at the rate of six percent per annum from the date of completion of the work, as well as the date the work was done and the location of the property on which such work was done. Such amount shall be entered upon the tax duplicate, shall constitute a lien upon such property from the date of entry and shall be collected as other taxes and returned to the Municipality's General Fund.
(e) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense. For each additional offense within twelve months of the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1104. Passed 8-3-87.)