634.23  UNLAWFUL DEPOSIT.
   (a)   Notice to Remove.  No person shall throw, place, deposit or allow to spill, blow or drain, or maintain any putrid substance, filth of any kind, garbage, rubbish, refuse, debris, old lumber, unusable building materials, unusable deteriorated or inoperable equipment or chattels (article of any moveable personal properyt including clothing or furniture) or any unwholesome  material on or about any vacant or occupied land, or City right-of-way including treelawn, ditches, gutters, catch basins, streets, alleys, sidewalk, or upon any private or public property within the City limits, except when properly bagged or contained for the purpose of periodic collection in a suitable flyproof, close-topped receptacle.
      (1)   Such notice shall be delivered and posted in a conspicuous place at the residence or place of business.
      (2)   If unlawful deposit is placed on City treelawn, the property owner shall remove within 24 hours of the notice date.
      (3)   If unlawful deposit is placed on private property, the owner shall remove within three days of the notice date.
   (b)   Action Upon Noncompliance.  Upon the failure, neglect or refusal of any owner or agent notified to properly dispose of the unlawful deposit dangerous to the health of the public hereof, the Director of Health and/or the Director of Public Service shall cause such deposit to be removed and may employ the necessary labor to perform such work or cause it to be done by the City.
   (c)   Expenses as Lien.  All expenses so incurred by the Director of Health or the Director of Public Service, and the cost of such notice, shall be reported to the Director of Finance, who shall mail a statement thereof to the owner of the property.  If after thirty days such amount remains unpaid, the Director of Finance shall certify the total amount of the expense, the name of the owner, and a sufficient description of the premises to the County Auditor, to be entered upon the tax duplicate, to be a lien upon the land from the date of entry and to be collected as are other taxes and assessments and returned to the City.  The remedy provided for herein shall be in addition to the penalty provided in subsection (d) hereof.
   (d)   Penalty.  Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense.  The penalty shall be as provided in Section 698.02.  (Ord. 2003-113.  Passed 7-7-03.)