It is the duty and responsibility of an owner or tenant of real property within the city limits to keep and maintain his property in compliance with the standards of this article and the International Property Maintenance Code, as adopted.
(Ordinance 22-0502 adopted 5/3/2022)
(a) 
An owner or tenant of real property within the city limits shall keep his lot or parcel of real estate completely free and clear of dumped solid waste and recyclable materials, whether dumped, with permission or not, by the owner or another entity.
(b) 
It shall be unlawful for any residential, commercial, or industrial unit or person to dump any solid waste or recyclable material or other debris in or upon any lot or parcel of real estate of any type, on any vacant property, or along any public right-of-way within the city limits.
(c) 
Such condition of illegal dumping is hereby declared to be a public nuisance, the prompt abatement of which is a public necessity.
(d) 
Notice of a violation shall be served on the unit property owner and/or tenant by the city. The notice shall advise of the violation and direct that action be taken to bring the property into compliance within fifteen (15) calendar days. Failure to comply shall be subject to penalties.
(e) 
Abatement by city: In addition to seeking penalties, the city may abate the nuisance if, after notice, an owner, agent, occupant or lessee fails to remove illegally dumped waste from his private property. The property will be cleaned by the city and the owner billed for the cost. If the bill is not paid within 30 days, execution may be issued by the city against the property for the amount of the cleaning charge, and such execution shall constitute a lien on the property until the claim has been satisfied.
(f) 
A unit or person shall not utilize a service provider for the collection, removal and disposal of solid waste and recyclable material other than the service provided by the city or the city's franchise holder as provided in section 13.07.063. A unit or person shall comply with the collection requirements for pickup as provided in section 13.07.063(b). Failure to comply shall be subject to penalties.
(Ordinance 22-0502 adopted 5/3/2022)
(a) 
Violation.
A violation of any provision of this division 2 is hereby declared to be a misdemeanor offense.
(b) 
Criminal and civil penalties.
A person in violation is subject to prosecution for criminal violations as well as suit for injunctive relief.
(1) 
Criminal prosecution.
A person found in violation shall, upon conviction, be fined a sum of not less than $25.00 nor more than $2,000.00. Each day of the violation shall constitute a separate offense.
(2) 
Civil remedies.
Nothing herein shall be construed as a waiver of the city's right to bring a civil action for enforcement and to seek remedies as allowed by law, including, but not limited to, the following:
(A) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance;
(B) 
A civil penalty up to $2,000.00 a day when it is shown that the defendant was notified of the violation and after receiving notice committed acts in violation or failed to take action necessary for compliance. Each day constitutes a separate offense and separate violation; and
(C) 
Other available relief.
(3) 
Costs for suit and enforcement.
In any civil action, the city shall be entitled to recover from the defendant reasonable attorney's fees, costs of suit, and any other costs of enforcement, including but not limited to, inspection costs.
(Ordinance 22-0502 adopted 5/3/2022)