(a) Notice to Remove. The Mayor or Chief of Police is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner, to properly dispose of litter located on such owner’s property. Such notice shall be by registered mail, addressed to the owner at his last known address.
(b) Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within ten days after receipt of the written notice in or within thirty days after the date of such notice in the event the same is returned to the City Post Office Department 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 or Chief of Police is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
(c) Charge Included in Tax Bill. When the City has effected the removal of such litter or has paid for its removal, the actual cost thereof plus accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the County. The charge shall be due and payable by the owner at the time of payment of such bill.
(d) Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by the owner within thirty days after the disposal of such litter, as provided in subsection (a) and (b) hereof the Mayor or Chief of Police shall cause to be recorded in the office of the Clerk Auditor a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which, the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due principal and interest plus cost of court if any, for collection until final payment has been made. Costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of ten percent in the event same are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima-facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectable as provided by law.
(Ord. 3-1974. Passed 1-14-74; Ord. 61-1985. Passed 5-28-85.)
(Ord. 3-1974. Passed 1-14-74; Ord. 61-1985. Passed 5-28-85.)