Sec. 30-39. Failure to furnish and set out containers; notice to remove.

(a)    The failure or neglect by any owner of any premises in the city to have a secured, closed lid on their garbage and recycling containers and/or to have sufficient containers for all rubbish and/or to set out such containers regularly for each collection or removal and/or to remove garbage and recycling containers from the curb the same day as collection shall be deemed in violation of this article.

(b)   Any violation of this article shall result in a notice of violation ticket in the amount of $150.00 per incident.  TheA notice of violation ticket shall be in writing, signed by the enforcing officer and served by the enforcing officer, his or her designee, any sheriff, deputy sheriff, constable, police constable or the city sergeant or by leaving a copy of the order personally with or at the last and usual place of residence of the owner, or agent, if within the state or by affixing the notice of violation ticket to the rubbish or recycling container or item which is in violation. If the premises is occupied, or the residence of the owner or agent is unknown or without the state, the notice may be served by posting a certified copy of the notice on the premises, and by mailing a copy of the notice to the property owner at the address noted with the office of the tax assessor. Other methods of service as set forth in the municipal court rules of procedure may also be utilized by the city.

(c)    If the owner or occupant fails to comply with the notice of violation ticket, the enforcing officer may cause the nuisance, source of filth, refuse, solid waste of filth to be removed; and all expenses incurred by the city shall be paid by the owner, occupant or other person who caused or permitted the refuse, solid waste or filth to be recovered in an action brought in the name of the city, including placing a lien on the property for all expenses and related costs incurred by the municipality which shall include an administrative fee of ten percent of the total costs of all expenses incurred by the municipality.

(d)   Each day in excess of 24 hours that any person shall permit offending refuse or garbage to remain after receipt of such order notice from the enforcing officer shall be deemed as a separate offense under this section.

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