(A) Notice to remove. The Mayor is hereby authorized and empowered to notify the owner of any open or vacant private property within the village, 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 registered mail, addressed to such owner at his or her 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 the public health, safety or welfare within ten days after receipt of written notice provided for in division (A) above, or within 30 days after the date of such notice in the event the same is returned to the Village 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 Mayor is hereby authorized or empowered to pay for the disposing of such litter or to order its disposal by the village.
(C) Recorded statement constitutes lien. Where the full amount due the village is not paid by such owner within 30 days after the disposal of such litter, as provided for in divisions (A) and (B) above, then the Fiscal Officer shall cause to be recorded in the office of the County Auditor and County Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation for such sworn statement shall constitute a 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. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further shall be subject to the delinquent penalty of 10% in the event the same is not paid in full on or before the date the tax bill upon such charge appears 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.
(1964 Code, § 515.21) (Ord. 582, passed 8-23-1965; Ord. 92-20, passed 9-28-1992)