(a) Every person, owning or having charge of land within the Municipality shall keep such property free and clear from all noxious dust and shall control such dust at all reasonable times.
(b) Upon information that noxious dust is arising from properties in unreasonable amounts, the Mayor shall cause written notice to be served on the owner or person having charge of such land that such dust must be controlled within five days after service of such notice. If such owner or person having charge of the land is a nonresident whose address is known, such notice shall be sent to his or her address by registered mail, if unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County.
(c) The Police Chief, any police officer or the Clerk-Treasurer may make service and return of the notice provided for in division (b) here of and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.
(d) If the owner or person having charge of such land fails to comply with such notice, the Mayor shall cause the noxious dust to be controlled by appropriate and reasonable means. All expenses and labor costs incurred shall, when approved by Council, be paid out of Municipal funds not otherwise appropriated.
(e) The Clerk-Treasurer shall make a written return to the County Auditor of his or her action under this section with a statement of the charges for his or her services, the amount paid for labor, the fees of the officers serving the notices, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the Municipality with the General Fund.
(Ord. 17-78. Passed 7-3-78.)
(f) Whoever violates this section is guilty of a minor misdemeanor.