521.08  LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (a)   No person shall, without lawful authority, place of dispose of in any manner upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
 
   (b)   No person shall cause or allow trash, garbage, waste, rubbish, litter, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
 
   (c)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1987-49.  Passed 12-7-87.)
   (d)   Upon a finding by Council that litter has been placed on any land in the Municipality, has not been removed, constitutes a nuisance and is a detriment to public health or property value, or both, Council shall cause a written notice to be served upon the owner, occupant, tenant or person having charge of the property, notifying such person that litter is on the land and that it must be collected and removed within fifteen days after service of the notice.  Such service may be personal by hand delivery or certified mail with proper return filed with the Clerk of Council.  (Ord. 2012-13.  Passed 5-7-12.)
   (e)   As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of motor vehicles, tires, wagons, furniture, glass, oil of an unsightly or unsanitary nature, motor vehicles damaged or otherwise rendered incapable of safe highway operation due to rust, deterioration, stripping, burning or otherwise, lumber, roofing materials, bricks, blocks or anything else of an unsightly or unsanitary nature.
   (f)   If the owner, occupant, tenant or person in charge of the lands described in this section cannot be found it is sufficient to publish the notice as described herein, once in a newspaper of general circulation in the County.
   (g)   If the owner, occupant, tenant or person in charge of the lands mentioned in this section fails to comply with the required notice, Council shall cause the litter to be removed and may employ the necessary labor and equipment to perform the task.  All expense incurred, including the cost of publication of notice and service of notice where possible by hand delivery, the cost of removal and disposal, shall, when approved by Council, be paid out of any money in the Municipality not otherwise appropriated.  (Ord. 1987-49.  Passed 12-7-87.)
   (h)   Council through the Clerk of Council shall give written notice to the County Auditor of its actions taken under this section with a statement of the charges for services performed, including cost of notice by publication or otherwise, along with a description of the premises.  Such amounts when so certified to the Auditor shall be entered upon the tax duplicate, collected as other taxes and returned to the Municipality with the General Fund.  Such charges shall become a lien upon the premises from the date of entry on the duplicate and remain thereon until paid in full.  (Ord. 2012-13.  Passed 5-7-12.)
 
   (i)   The remedies and penalties provided herein are not inclusive of each other and both may be imposed should Council so determine.
(Ord. 1987-49.  Passed 12-7-87.)