[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall permit any garbage or debris to accumulate on
their premises or private property. It is hereby declared to be a
nuisance and it shall be unlawful for the owner or occupant of real
estate to refuse or neglect to remove the garbage or debris.
The Mayor, Chief of Police or the Mayor's designated representative
may issue a written notice for removal of garbage or debris. Such
garbage or debris shall be removed by the owner or occupant within
five days after such notice has been duly served.
Service of notice provided for herein may be effected by handing
the same to the owner, occupant or lessee of the premises, or to any
member of his household of the age of 15 years or older found on the
premises or by mailing such notice to the last known residence address
of the owner; provided that if the premises are unoccupied and the
owner's address cannot be obtained, then the notice may be served
by posting the same upon the premises.
If the person so served does not abate the nuisance within five
days, the City may proceed to abate such nuisance, keeping an account
of the expense of the abatement, and such expense shall be charged
and paid by such owner or occupant.
Charges for such removal shall be a lien upon the premises.
A. A bill
representing the cost and expense incurred or payable for the service
shall be presented to the owner. If this bill is not paid within 30
days of submission of the bill, a notice of lien of the cost and expenses
thereof incurred by the City shall be recorded in the following manner:
(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.
(3) The date or dates when said cost and expense were incurred by the
City. The lien shall be filed within 60 days after the cost and expense
are incurred.
B. Payment
of costs; release of lien. Notice of such lien claim shall be mailed
to the owner of the premises if his address is known. Upon payment
of the cost and expense after notice of lien has been filed, the lien
shall be released by the City or person in whose name the lien has
been filed, and the release shall be filed of record in the same manner
as filing notice of the lien.
C. Foreclosure
of lien. Property subject to a lien for unpaid charges shall be sold
for nonpayment of the same, and the proceeds of such sale shall be
applied to pay the charges after deducting costs, as is the case in
the foreclosure of statutory liens. Such foreclosure shall be in the
name of the City, after the lien is in effect for 60 days. Suit to
foreclose this lien shall be commenced within two years after the
date of filing the notice of lien.