A. Occupied Private Property: No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not; except, that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
B. Property Maintenance: The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
C. Vacant Lots:
1. Litter Deposits Prohibited: No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 33, 9-21-1970)
2. Removal Of Litter By City:
a. Notice To Remove: The chief of police, or his authorized representative, is hereby authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address.
b. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare within five (5) days after receipt of written notice provided for in this subsection C2, or within ten (10) days after the date of such notice in the event the same is returned to the United States Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the health inspector or the Chief of Police, or their authorized representatives, are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
c. Charge Included In Tax Bill: When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the maximum rate allowed by law from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charges shall be due and payable by said owner at the time of payment of such bill.
d. Recorded Statement Constitutes Lien: Where the full amount due the City is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in subsections C2a and C2b of this section, then, and in that case, the health inspector or Chief of Police shall cause to be recorded in the Office of the City Clerk a sworn statement showing the cost and expense incurred for the work, the day the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute the lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court if any, for collection, until final payment has been made. Costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to the maximum delinquent penalty allowed by law in the event same is not paid in full on or before the date the tax bill upon which said charge appeared becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 33, 9-21-1970; amd. 1990 Code)