No person shall permit any garbage or trash 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 Chief of Police or his 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
of 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 Police Chief or the designated representative 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 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 Village shall be recorded
in the following manner:
(A)
A description of the real estate sufficient for identification thereof.
(B)
The amount of money representing the cost and expense incurred or
payable for the service.
(C)
The date or dates when said cost and expense was incurred by the
Village and shall be filed within one year after the cost and expense
is incurred.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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 Village 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.
Property subject to a lien for unpaid charges shall be sold
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 Village,
after lien is in effect for 60 days. Suit to foreclose this lien shall
be commenced within two years after the date of filing notice of lien.
