A. Duty Of Occupant: It shall be the duty and obligation of every occupant of any premises in the City to see to the removal of all garbage and other refuse from his premises or alleyway either by removing it himself to some authorized dumping grounds or by having it removed by private scavenger 1 .
B. Duty Of Owners: It shall be illegal for owner of real estate to refuse or neglect to remove trash and other debris on his property. Such trash and debris is defined to include, but not be limited to, paper cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood or metal furniture, bedding, metals, tin cans, dirt, rock, pieces of concrete, glass, crockery, other mineral waste, street rubbish, street sweepings, dirt, leaves, catch basin dirt, contents of litter receptacles, solid wastes from industrial operations, food processing wastes, boiler house cinders, unusable or rotting lumber, scraps or shavings.
C. Removal By City; Payment Of Costs And Expenses: If an occupant or owner refuses or neglects to remove or cause to be removed such garbage, trash, refuse, debris, grass, leaves, branches, offal, carcasses, or other things described in subsections 4-3-1A and B, and Sections 4-3-3 and 4-3-4 of this Chapter following a seventy two (72) hour written notice issued by the City's Health and Building Officer or his representative, then the City may remove or cause to be removed same at the expense of the occupant and/or owner. Such occupant and/or owner shall be liable for and immediately pay to the City the sum of fifty dollars ($50.00) or an amount equal to the costs and expenses incurred by the City to remove same, whichever amount is greater. Such costs and expenses if not paid may be recovered by the City against such occupant and/or owner in any civil action or ordinance violation proceedings in a court of competent jurisdiction. Such occupant and/or owner shall, in addition thereto and at the election of the City's Health and Building Officer or his representative, be subject to the penalty provisions as set forth in Section 4-3-8 of this Chapter.
D. Notice Of Lien:
1. If the City removes or causes the removal of such items by virtue of any owner's refusal or neglect to remove same following such seventy two (72) hour notice to do so in accordance with subsection C above, then the City, following a thirty (30) day notice to such owner, may cause a notice of lien of the unpaid cost and expense thereof incurred by the City to be recorded in the office of the Recorder of Deeds of Christian County, Illinois against the owner's property. The notice of lien shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, 2) the amount of money representing the cost and expense incurred or payable for the service, and 3) the date or dates when said cost and expense was incurred by the City, and such notice of lien shall be filed within sixty (60) days after the cost and expense are incurred. Such lien may be enforced in accordance with the Illinois Compiled Statutes in such case made and provided.
2. A copy of the notice of lien may be delivered to the owner personally, or may be mailed to the owner at his last known place of residence, or may be posted on the owner's property. Service of a copy of said notice of lien by any of the foregoing methods of service shall constitute notice to the owner of such lien.
3. Upon payment of the cost and expense after notice of lien is filed, the lien shall be released by the City, and a release shall be filed of record in the same manner as filing of the notice of said lien. (Ord. 2509, 10-18-93)
Notes
| 1 | 2. See Title 3, Chapter 11 of this Code. |