521.095   NOTICE TO REMOVE JUNK, RUBBISH, GARBAGE, ETC.; NONCOMPLIANCE; REMEDY OF CITY.
   (a)   Issuance of Notice.
      (1)   When the City Manager or his designated agent determines that junk, rubbish, or garbage or anything of an unsanitary or unsightly nature, or which creates a public nuisance have been placed on lands in the City and constitutes a public nuisance, the City Manager or his designated agent shall cause a written notice to be served upon the owner, occupant, or person in charge of the premises, notifying such person that junk, rubbish, or garbage or anything of an unsanitary or unsightly nature, or which creates a public nuisance is on the land and that it must be collected and removed within the time specified in the notice.
      (2)   Notice shall be posted on the premises in violation and sent to the owner, occupant or person in charge of the premises to the address on file at the Shelby County Auditor’s Office by regular mail service or personal service, at the sole discretion of the City Manager or his designated agent.
      (3)   This section does not apply to land being used to operate a duly licensed and zoned junk yard, scrap metal processing facility or similar business.
   (b)   Compliance Required
      (1)   No person shall fail to comply with a notice of junk, rubbish, or garbage, etc. in a public area or adjacent to a public area provided for in subsection (a) hereof within a minimum of two (2) days from the date of posting, or in a reasonable amount of time as determined by the City Manager or his designated agent.
      (2)   No person shall fail to comply with a notice of junk, rubbish, or garbage, etc. on a non-public area provided for in subsection (a) hereof within a minimum of five (5) days from the date of posting, or in a reasonable amount of time as determined by the City Manager or his designated agent.
   (c)   Remedy of City.
      (1)   If the owner, occupant or any other person, firm or corporation, having the care of the lands mentioned in subsection (a) hereof, fails to comply with the notice provided for in subsection (b) hereof, the City shall cause such junk, rubbish, or garbage, etc. to be removed.  Such removal shall be at the owner’s expense, and the costs, together with an administrative fee of twenty percent, shall be assessed against the lot or land.
      (2)   Notice of such assessment shall be given to the owner of the lot or land charged therewith, or his agent, either in person or left at the usual place of residence or sent by mail, and all assessments not paid within ten days after the giving of such notice shall, after approval by Council, be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
(Ord. A-2055.  Passed 9-9-96; Ord. A-2758.  Passed 4-8-13.)