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(a) As used in this section, "litter" includes any garbage, food or household waste, rubbish, ashes, scrap metal, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, discarded or broken furniture, glass, or anything else of an unsightly or unsanitary nature. Permitting litter to accumulate on any property is injurious to the public health and safety and thereby declared to be a public nuisance.
(b) No person shall dump or place, or permit to be dumped or placed, any litter in or upon any public way or upon any property of another without the permission of the owner thereof.
(c) No person shall cause or allow litter to accumulate on property owned, managed or leased by him or her or over which he or she has charge.
(d) Notice to Remove.
(1) Upon information that litter has been placed on property within the City, the Director of Public Service shall cause an investigation to be made. If the Director of Public Service finds that such litter constitutes a nuisance or detriment to the public safety, or public health or welfare, he or she shall have a written notice either hand delivered or sent by regular mail to the owner, lessee, agent or tenant having charge of such property, and/or posted on the property, notifying the owner, lessee, agent or tenant that litter exists on such property and that it must be removed within five days after service of written notice and/or posting of such notice.
(2) Any police officer, City Inspector, health official or the Director of Public Service may make the notice provided for in division (d)(1) of this section.
(e) Appeals and Hearing. The owner, lessee, agent or tenant having charge of the property may present himself or herself before the Director of Public Service for a hearing, within the required five days after receiving notice or posting of the notice provided for in division (d)(1) of this section. If the owner, lessee, agent or tenant having charge of such property responds or presents himself or herself, before the Director of Public Service for an appeals hearing, the Director:
(1) Shall consider any appropriate objections and rule thereon;
(2) May permit such person additional time to remove the litter;
(3) May order the removal of the litter by the City; or
(4) May reverse or modify the earlier finding, as may be appropriate.
Any order of the Director of Public Service shall be final.
(f) Failure to Comply; Remedy of City. If the owner, lessee, agent or tenant having charge of the property fails to comply with the notice and fails to respond as provided in division (e) of this section, the Director of Public Service shall authorize the litter to be removed and may employ the necessary labor to perform such task. Laborers may enter upon private property on which such litter is placed to perform such tasks, and all expenses shall be paid out of the money in the Treasury of the City not otherwise appropriated.
(g) Authorization for Entry. The Director of Public Service, City inspectors, laborers sent at the direction of the Director of Public Service, or health officials are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of removing such litter in a manner consistent with this chapter. It shall be unlawful for any person to interfere with or attempt to prevent the Director of Public Service, City inspectors, laborers, or health officials from entering upon any such property, posting of a notice or sign on the property, or from proceeding with the removal of litter. Such unlawful interference shall constitute a misdemeanor of the second degree.
(h) Statement of Charges for Services by City; Lien. The Director of Public Service shall make written notice to the County Fiscal Officer when work is performed by the City under this section, with a statement of the charges for services, the amount paid for performing such labor, the fees for the service of the notice and a proper description of the property. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the General Fund. The remedy provided for herein is in addition to any other remedy or penalty provided by law.
(i) Penalty. Whoever fails to comply with a notice to remove litter as set forth in division (e) of this section is guilty of a minor misdemeanor for a first offense. For a subsequent offense, such person is guilty of a misdemeanor of the fourth degree.
(j) Lawful Use. This section does not apply to land being lawfully used under a zoning permit or conditional zoning permit.
(Ord. 59-2009. Passed 6-8-09; Ord. 9-2013. Passed 3-25-13.)