A. Open Rubbish:
1. To allow, cause or permit rubbish to be set out upon the parkways, at the rear of store buildings, or other places, for the purpose of being picked up by a rubbish collector, in containers which are not suitable or which permit or allow the rubbish contents to be scattered or blown around, causing an unclean condition to the annoyance, prejudice or discomfort of others.
2. To place, cause or permit any tangible thing to be placed upon or permitted to remain upon any parkway within the Village, except for the purpose of being picked up by a regularly scheduled scavenger service; to allow or permit the placement of items for pickup by a scavenger service upon any parkway sooner than one day before the regularly scheduled day for pickup; to allow or permit containers or other tangible things to remain upon any parkway beyond the day following the regularly scheduled day for scavenger service pickup.
B. Garbage or Refuse on Premises:
1. To cause or permit to remain on any premises garbage, offal, refuse, ashes, miscellaneous waste or any animal or vegetable matter which is likely to become offensive or injurious to health or to be blown about by the wind, for a longer period of time than twenty four (24) hours at any one time, except in metal or concrete containers with tight fitting covers thereon from which regular garbage collection is made at least once a week, provided, however, that grass clippings and leaves only may be contained approved paper recycling/yard waste bags.
2. To dump or place, or to cause to be dumped or placed, any residential or commercial garbage, rubbish, waste or recyclable materials on any premises or property in the Village without the consent of the owner or such premises or property.
C. Garbage and Debris:
1. To permit or maintain an unsightly yard, lot or premises where there is an accumulation or deposit of tin cans, glass jars, bottles, metal materials, refuse, rubbish, junk, waste, manure, straw, weeds, tree stumps, tree clippings, brush, discarded or broken building materials, discarded sod, old lumber, old brick or concrete blocks, machinery or parts thereof, or other like matter or things.
It shall be unlawful for any person owning, leasing, occupying or controlling any real property in the Village to permit the accumulation or deposit of the aforesaid garbage and debris except as hereinafter provided.
2. Discarded or broken building materials incident to construction on the site where the debris is located shall be removed within seven (7) days of notice to remove by the Village. Failure to remove said building materials within seven (7) days of notice or permitting the deposit or accumulation of any of the other garbage or debris described in 3(1) of this subsection for any period of time shall constitute a violation of this Section.
3. An authorized Village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the Village upon which such a nuisance is found to exist, requiring abatement of such nuisance within twenty-four (24) hours. The notice or citation shall be served in one of the following manners;
a. By a written notice sent by U.S. certified mail, or First Class U.S. Mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate and as to the owner the notice may be addressed to the address shown on the most recent tax bill for said real estate.
b. By general notice addressed to all owners, lessees, occupants or persons controlling real estate printed in a newspaper of general circulation in the Village, which notice shall direct attention to the provisions of this Section and provide that the nuisance be abated not later than seven (7) days after said notice is so printed.
c. By a written notice personally delivered by the Village official or representative to the person owning, leasing, occupying or controlling the real estate.
4. In the event any person so notified shall fail or refuse to comply with said notices or citations, it shall be lawful for the Village to cause the abatement of such nuisance or to remove such garbage and debris in any manner it shall designate, or as provided by state law, and to charge the cost of such removal to any person owning, leasing, occupying or controlling such real estate. The cost for so doing shall be calculated on the basis of administration fee of five hundred dollars ($500.00) plus actual cost of abatement or garbage and debris removal.
5. The cost and expense incurred by the Village, and/or by the person or firm performing the service by authority of the Village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by state law. The Village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
6. Any commercial or residential property within the Village that has been previously issued a notice of violation or citation under this section within the same calendar year will be considered a repeat offender and the Village will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as in (5) above. (Ord. 22-O-10, 3-14-2022)