(a) Definitions. As used in this section:
(1) “Junk” means any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article of material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
(2) “Disabled motor vehicle” means any used vehicle propelled or intended to be propelled by power other than human power and which is in an inoperative or partially dismantled condition. Portions of disabled motor vehicles, including, but not limited to, hoods, fenders, radiators, rims or motor parts not being utilized for the repair of a motor vehicle, shall be considered junk.
(3) “Rubbish” means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, hoses, rags, dead weeds, stumps, tree trunks, brush, paper circulars, handbills, boots, shoes, ashes, metal, discarded parts and equipment or any waste material other than garbage or offal.
(b) Notice to Remove; Noncompliance; Remedy of City.
(1) The owner, occupant or person having charge or management of any lot or parcel of land situated within the City, whether improved or unimproved, vacant or occupied, shall, within five days of receipt of written notice served upon him or her by a police officer, the Clerk of Council or his or her deputy, remove or cause to be removed any junk, disabled motor vehicle and/or rubbish found upon any such lot or parcel of land.
(2) If the owner, occupant or person having charge or management of any lot or parcel of land does not remove or cause to be removed such junk, disabled motor vehicle and/or rubbish in accordance with the provisions of this section, then the City Manager is hereby authorized and it is hereby declared to be his or her duty to have enforced the provisions of this section and to cause such junk, disabled motor vehicle and/or rubbish to be removed.
(3) If removal of junk, disabled motor vehicles and/or rubbish is effected by and at the expense of the City, the amount of money so expended shall be recovered from such owner, occupant or person in charge or in control of such premises in any court of proper jurisdiction. The expense, from the time of service of notice upon the owner, occupant or person having charge or management of such premises, shall be a lien upon such premises which may be enforced by legal proceedings in any court having jurisdiction. The collection of expenses of removal by the City shall not be a bar to a prosecution for a violation of this section or to imposition of the penalty provided in division (d) of this section.
(4) Notice may be served personally upon the owner, occupant or person in charge or by leaving the same at such person’s usual place of residence, or by certified mail addressed to the last known place of residence of such person. If the party in charge is a firm or corporation, the notice may be served personally upon the person in charge at the premises, or by leaving such notice at the place of business, or by certified mail addressed to the place of business of such firm or corporation.
(c) Exceptions. The provisions of this section shall not apply to the deposit, storage, maintenance or collection of junk, disabled motor vehicles and/or rubbish in an enclosed building, or in any area of the City in which the same is permitted by City ordinances.
(d) Violations; Penalty.
(1) No person shall deposit, store, maintain or collect junk, a disabled motor vehicle and/or rubbish outside of a building within the limits of the City. Such acts are hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the people of the City.
(2) Whoever violates division (d)(1) of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.