CHAPTER 9.20:
LITTER, TRASH AND REFUSE
Section
9.20.040 Responsibility of property owners
9.20.050 Enforcement; notice of violation
9.20.060 Abatement by City; procedure and collection
9.20.010 UNLAWFUL LITTERING.
(A) No person shall cast, place or deposit any paper, organic waste, garbage, trash, or refuse of any kind (hereinafter, “litter”) on any public way, including sidewalks and streets, or other public facility, including parks, in a manner and to an extent that would render the way or other facility unclean, unsightly, unusable or unsafe.
(B) No person shall cast, place or deposit any litter upon real property owned by another, without the consent of the owner or lessee of such real property. (Ord. 16.10.07, passed 1-16-2017)
9.20.020 UNLAWFUL BURNING.
It shall be unlawful for any person to burn within the City limits any leaves, paper, rags or other substance in the open air, except between the hours of 10:00 a.m. and 4:00 p.m. (Ord. 16.10.07, passed 1-16-2017)
9.20.030 VEHICLE DEPOSITS.
No person, firm or corporation shall permit any vehicle under their ownership or control to deposit on any sidewalk, street or public place within the City any dirt, mud, sand, gravel, cement, petroleum products, harmful chemical substance, scrap paper, garbage or any other trash or material or substance which would render the sidewalk, street or public place unclean, unsightly, unsafe or unusable. (Ord. 16.10.07, passed 1-16-2017)
9.20.040 RESPONSIBILITY OF PROPERTY OWNERS.
(A) No real property owner shall permit his or her real property to become unsightly, unclean, unsanitary, unsafe or dangerous to the general public, nor shall the property owner allow houses, buildings or other structures on the property to remain in a state of disrepair. Violations of this section include, but are not limited to, the accumulation of litter or waste, the presence of unsightly or offensive personal property such as furniture, mattresses, discarded appliances, building debris, brush and yard waste, or the presence of old, abandoned or partially dismantled automobiles.
(B) Litter, waste, personal property, and “heavy trash,” including furniture, mattresses, discarded appliances, building debris, and brush and yard waste, may not be placed outside for more than three days prior to the scheduled pickup. Any heavy trash not picked up during the scheduled pickup must be removed from the property within 24 hours of the scheduled pickup.
(C) It shall be unlawful for any person to establish or maintain a dump in the city for the purpose of disposing of garbage, carcasses of animals, tin cans, ashes, glass bottles or any other waste or unwholesome material. (Ord. 16.10.07, passed 1-16-2017)
9.20.050 ENFORCEMENT; NOTICE OF VIOLATION.
(A) This chapter shall be enforced by the Southport Police Department and the Board of Public Works and Safety and/or its designee.
(B) If the Southport Police Department finds that any person has committed any act that violates Sections 9.20.010 through 9.20.030, the police shall give written notice in the form of a notice of violation to such person of such violation.
(C) If the Board of Public Works and Safety finds that any conditions exist on real property that violate Section 9.20.040, the Board shall give written notice in the form of a notice of violation to the real property owner.
(D) All such notices of violation herein contain the following information:
(1) The specific violation with which the violator is charged;
(2) The license plate number and type of vehicle (if applicable);
(3) The name and address of owner of the vehicle (if applicable);
(4) The name and address of the violator;
(5) The location of the violation;
(6) The signature of the police officer;
(7) The date of the violation;
(8) The signature of the driver or owner, if possible;
(9) The amount of penalty prescribed by this chapter for the violation.
(E) All such notices of violation shall be executed in triplicate. One copy shall be served upon the violator as herein provided, one copy shall be filed by the officer with the Clerk-Treasurer, and one copy shall be retained by the agency issuing the violation. (Ord. 16.10.07, passed 1-16-2017)
9.20.060 ABATEMENT BY CITY; PROCEDURE AND COLLECTION.
(A) In addition to penalties described hereafter, the Board of Public Works and Safety may order, in its notice of violation, the owner of real property to correct conditions that violate Section 9.20.040. If the real property owner fails to comply with such order within three working days of the notice or within the time prescribed, the Board may employ the services of City employees or outside contractors to correct the condition to conform to this chapter by all lawful means.
(B) The owner of real property is responsible for all costs incurred by the City for the abatement of the violation, as well as administrative costs, including, but not limited to, court costs, attorney’s fees and the costs of sending or posting notices of violations. The City shall issue a bill for the costs of abatement under this subsection to the owner or owners of record of the real property to whom the original notice of violation was delivered.
(C) If the property owner contests the amount of a bill issued under this chapter, the property owner has five days from the mailing of the bill to file a written notice of appeal with the City Clerk-Treasurer. The appeal shall be brought before the Board of Public Works and Safety and shall be decided by a majority vote of the Board members in attendance at a regularly scheduled or special meeting of the Board. If the appeal is denied, the property owner has 24 hours to pay the bill before the City may take steps to collect the amount.
(D) In any proceeding before the Board under subsection (C) of this section, the City shall be entitled to recover reasonable attorney’s fees and costs if it is the prevailing party.
(E) If the property owner fails to pay a bill issued under this chapter within 14 days and has not filed an appeal, the City shall certify to the County Auditor the amount specified in the bill, plus any administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the City.
(F) The City may also, at its discretion, bring an action in the Beech Grove City Court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney’s fees. If the City obtains a judgment under this subsection, the City may obtain a lien in the amount of the judgment on any real or personal property of the owner of record. (Ord. 16.10.07, passed 1-16-2017)
9.20.070 FINES AND PENALTIES.
(A) Except as otherwise provided herein, any person convicted of a violation of any section of this chapter shall upon conviction be punished by a penalty as prescribed in Section 3.32.050. Each day any such violation is committed or permitted to continue may constitute a separate offense and shall be punishable as such hereunder.
(B) In addition to the foregoing penalties, the City may, by appropriate action, seek injunctive relief, requesting the court to enjoin or order the abatement of any violation of this chapter. (Ord. 16.10.07, passed 1-16-2017)