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A. Definitions: For the purpose of this Section, the following terms are defined as follows:
GARBAGE: Shall be interpreted to mean all putrescible wastes, except sewage and body wastes, but including vegetable and animal offal and carcasses of dead animals, and shall include food waste from homes, kitchens, apartments, hotels, restaurants, stores, markets and similar establishments.
REFUSE: Shall be interpreted to mean and include ashes, cinders, waste paper, cardboard, cloth materials, tin cans, crockery, limbs, trees, grass, leaves, stones, bricks or scrap metal and other materials easily handled or a combination of any two (2) or more of the foregoing types of materials. (1983 Code § 5-203)
B. Conditions Constituting Nuisance: Any of the following conditions shall constitute health nuisances:
1. Collecting or accumulating any garbage on private premises in this City unless the same is placed in containers which have tight-fitting lids, or collecting or accumulating fermenting, putrefying or odoriferous garbage placed in any containers and permitted to remain therein to the annoyance of any person or neighborhood.
2. Collecting or accumulating on private premises, any refuse which creates an unsanitary condition or which is or may be a harbor for rats, mice and other vermin, or which shall constitute a condition of filth that may be or become a menace to the public health or an annoyance to any person or neighborhood. (1983 Code § 5-202)
A. Notice To Owner: Whenever the Public Service Officer finds the existence of a "health nuisance", as defined by Sections 4-5-2 and 4-5-3 of this Chapter, the Public Service Officer shall have the City Clerk forthwith issue notice requiring the owner or agent of the owner of the premises to remove and abate said premises, the thing or things therein described as a nuisance within a time, not exceeding ten (10) days, to be specified in the notice. (1983 Code § 5-204; amd. 1998 Code)
B. Service Of Notice: The notice shall be served by personal service, by delivering a copy thereof to the owner, occupant or agent of such property, or if the same be unoccupied and the owner a nonresident, then by mailing a notice to his or her last known address.
C. Failure To Comply: If the owner, occupant or agent shall fail to comply with the requirements of said notice for a period longer than that named in the notice, then the City shall proceed to have the things described in said notice removed and abated from said lot or parcel of ground, and the cost of such removal or abatement shall be assessed against the lot or parcel of ground on which the nuisance was located; and the City Clerk shall, at the time of certifying the taxes to the County Clerk, certify the aforesaid cost, and the County Clerk shall extend the same on the tax roll of the County against said lot or parcel of ground, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. (1983 Code § 5-204)
Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day such failure to comply continues shall constitute a separate offense. (1983 Code § 5-205; amd. 1998 Code)