Duty to dispose of trash and prevent accumulations

(a)

It shall be unlawful for the owner, manager, occupant, lessee of, or other person responsible for any lot, parcel or tract of land on which residential units or commercial properties are located within the city to deposit, store, keep, or maintain, or permit to be deposited, stored, kept or maintained bulky or industrial waste, refuse attending the care of lawns, shrubbery, vines, and trees, except for the purpose of composting; rubbish including uncontainerized garbage, beer and soft drink containers, empty or broken bottles, and metal containers; and any other uncontainerized solid waste whatsoever upon such property, adjoining rights-of-way, easements or alleys, except as specifically authorized in this chapter. Property owners of unimproved property or owners, occupants, tenants and lessees of improved property shall be responsible for keeping the area around the dumpster(s) or container(s) in a clean and presentable condition as well as keeping the sidewalk, side parkway and swale area and other public rights-of-way clear of all trash and litter, and shall maintain their property in a clean, mowed, cut and litter-free manner, including sidewalks, grass strips, swale area or rights-of-way up to the edge of the pavement of any public street. Every merchant, storekeeper or operator of a business in the city shall sweep or cause to be swept the sidewalks adjoining his/her respective place of business before 10:00 a.m. every morning, or as often as necessary to keep the area clean, on each day that such business shall be operated. Said sweepings shall be picked up and not swept in the gutter. Failure to comply with the provisions of this section shall constitute a violation of this chapter: such failure may also serve as the basis for assessment of an administrative fee.

(b)

Whenever it is evident that there is a violation of this section, the enforcement officer may do one or more of the following:

Serve a notice of noncompliance, in a form prescribed by the director and approved by the city commission, upon the owner, manager, occupant, resident, lessee, franchisee or other responsible person by personal service, mail or by posting a copy in a conspicuous place on the premises where the violation exists. The enforcement officer may proceed with direct removal as outlined below. The enforcement officer may:

(1)

Cause a code enforcement sanitation civil violation notice to be issued, in a form prescribed by the director and approved by the city manager, upon the owner, manager, occupant, resident, lessee, franchisee or other responsible person by personal service, certified mail, or by posting a copy in a conspicuous place on the premises where the noncompliance exists. If said noncompliance has been found to exist by the city manager, or the city manager's designee, such finding and determination shall result in an administrative service fee being assessed for such noncompliance in the amount set forth in section 22-93 hereof, with said fee being assessable for each day the noncompliance exists until the condition or conditions resulting in such noncompliance no longer exist.

(2)

Direct the department to remove, remedy or eliminate the noncompliance and charge the property owner for a special collection service in accordance with the provisions of this chapter.

(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-5; Ord. No. 11352, § 3, 4-25-96; Ord. No. 11703, § 5, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 13676, § 2, 4-27-17)