(A) An owner who lawfully recovers possession of real property shall place and use on the real property (or arrange for such placement and use) one or more mechanical containers as defined in this Chapter of the Code to contain the abandoned property until the mechanical container is removed from the real property for disposal within the time limitations of this article.
(B) An owner who uses a court officer’s services to recover or obtain possession of real property under an order of eviction shall make prior arrangements (either by private contract or through a court officer) for the placement of one or more mechanical containers meeting the requirements of this article on the real property prior to having the court officer remove or dispose of the occupant’s abandoned property.
(C) An occupant, owner, or court officer who uses a mechanical container in connection with the disposal of abandoned property shall tightly close all lids and side doors after depositing the abandoned property into the mechanical container to prevent spillage on the real property or neighboring properties.
(D) An owner shall remove a mechanical container that is used under this article to contain abandoned property from the real property within 48 hours of its placement, unless the mechanical container used for such disposal is authorized under the provisions of division (H).
(E) An owner shall pay the expenses of placement, removal, and disposal of the contents of mechanical containers used to dispose of abandoned property whether such placement was arranged by private contract or through a court officer. An owner who pays for the use of a mechanical container may recover such expenses from the occupant who has vacated or been evicted from the real property.
(F) A court officer who agrees to arrange for placement and use of a mechanical container for an owner may require advance payment or an escrow deposit for the use of such equipment. To the extent permitted by law, the court officer shall have a lien against the real property to secure payment of any unpaid charges for the placement and use of a mechanical container under this article.
(G) A court officer may require indemnification from an owner using his or her services to obtain or recover possession of real property as a condition of arranging the furnishing of mechanical containers in connection with executing an order of eviction.
(H) Nothing contained in this article shall prevent an owner of real property that already uses mechanical containers for regular, periodic pick-up and disposal from using such mechanical containers for containing abandoned property, provided the mechanical containers:
(1) Have sufficient unused capacity to contain the abandoned property;
(2) Meet the requirements of this article, except removal from the real property within 48 hours; and
(3) Are emptied and returned to their usual, lawful location within 48 hours of their placement for use under this article.
(I) Notwithstanding the provisions of divisions (A) and (B), an owner may dispose of abandoned property without using a mechanical container if such abandoned property can be disposed of in accordance with the terms of Article I of this chapter and other applicable laws.
(Ord. No. 392, § 3, 12-18-07)