919.09 NONCOMPLIANCE, REMEDIES, AND COSTS.
   (a)   Upon receipt from the collection Contractor of a copy of a "Notice of Discontinuation of Service" that is properly transmitted pursuant to the provisions in this chapter due to non-payment, the Safety Service Director and/or the Director's designee shall determine if an accumulation of uncollected solid waste, recyclable materials or yard waste at a Residential Unit constitutes a hazard and or a public nuisance. If it is determined that the accumulation of uncollected wastes constitutes a hazard and/or a public nuisance, then the Safety Service Director shall issue and serve a notice of violation to the Owner of the property describing the violation and ordering the Owner to abate the nuisance and remove the uncollected wastes. If the accumulated wastes are not removed within 10 days of the service of the notice of violation then the Safety Service Director shall be authorized to enter the property and cause the hazard or public nuisance to be eliminated and abated by use of City personnel and equipment, or by the hiring of private individuals and equipment for such elimination.
   (b)   In the event that the Owner of a Residential Unit that is not receiving solid waste, recyclable materials and yard waste collection service from the collection Contractor for non-payment fails to pay such expenses incurred by the City pursuant to division (a) above, within five days after being notified in writing of the amount due by the Safety Service Director or the Director's designee, such expenses shall be certified by the Safety Service Director to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments, and the Safety Service Director shall also be authorized to bring an action at law in the name of the City to collect the amount of the expenses incurred. Such expenses shall include any administrative costs established by the Safety Service Director, plus any other appropriate fees or fines. The notification of expenses incurred by the Safety Service Director or the Director's designee may be made by ordinary mail addressed to the owner at the address listed in the County tax records.
   (c)   The recovery of costs by the Municipality pursuant to this section is a remedy in addition to any other penalty that may be imposed for a violation of this chapter.
(Ord. 33-18. Passed 10-23-18.)