(A) In all cases where there is found to be noncompliance with the provisions of this subchapter, the owner of the property found to be in noncompliance shall be notified by the Code Compliance Officer by notice sent via certified mail. The Code Compliance Officer will also notify the occupants of the property in violation by whatever means possible within 24 hours of a reported violation.
(B) The notice shall briefly describe the nature of the noncompliance and indicate what corrective action is required.
(C) The property owner/occupants so notified will have 48 hours from receipt of the notice to take the corrective action indicated.
(D) Should the corrective action not be taken within the time specified herein, the city shall take such action at the expense of the property owner involved.
(E) The charge assessed against the property owner described in division (D) of this section will be based upon the actual cost to the city and may include, but not be limited to, labor and equipment costs of city employees and machinery; costs charged to the city by private individuals or firms contracted by the city to perform the required corrective action. In no case shall the charge be less than $50. A $50 fine shall also be levied for each day past the 48 hour corrective action due date for which the violation still exists and remains uncorrected as determined by the Code Compliance Officer.
(F) A billing statement outlining the charges incurred by the city shall be sent to the property owner in noncompliance. Should arrangements not be made to pay these charges within ten days of the mailing of the billing, the city may commence action in a court of competent jurisdiction to enforce collection of the charges incurred by the city, or the municipal corporation may certify to the Rush County Auditor the amount of the bill plus any additional administrative costs incurred in the certification.
(G) The city shall also assess a penalty pursuant to § 51.99.
(H) Residents who fail to comply with this subchapter, or who, as a result, allow garbage or rubbish to remain upon any alley, street or public way, or allow such garbage or rubbish to remain in a visible and unsightly manner will be subject, in addition to the charges set out herein to such other penalties as are otherwise provided by local ordinance or state law.
(Ord. 1993-3, passed - -1993; Am. Ord. 2001-6, passed 8-7-2001; Am. Ord. 2014-16, passed 8-19-2014; Am. Ord. 2017-4, passed 2-21-2017; Am. Ord. 2020-13, passed 5-5-2020)