| 92.03 HAULING LOOSE MATERIAL; DEBRIS ON STREET; REMOVAL
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| Every person hauling or causing to be hauled dirt, sand, gravel, cement, fill dirt, or loose material of any kind in or upon any street, alley, sidewalk, or other public place shall haul it, or cause it to be hauled in vehicles provided with tight boxes or beds so constructed or loaded as to prevent any of the contents from falling or being thrown, blown, or deposited upon any street, alley, sidewalk, or other public place. Any materials which fall from, or which are thrown, blown, or deposited from any vehicle upon any street, alley, sidewalk, or other public place, shall be removed immediately by the person in charge of the vehicle.
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| 92.04 DROPPING LITTER FROM AIRCRAFT
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| No person in an aircraft shall throw out, drop, or deposit within the city any litter, handbill, or any other object.
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| 92.08 LITTER ON PRIVATE PROPERTY
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| No person shall throw or deposit litter on any occupied private property within the city, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon streets, sidewalks, or other public places, or upon any private property.
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| 92.09 OWNER TO MAINTAIN PREMISES FREE OF LITTER
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| The owner or person in control of any private property shall at all times maintain the premises free of litter and outside storage. However, this section shall not prohibit the storage of litter in authorized private receptacles for collection.
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| 92.10 VEHICLES PLACED BETWEEN STREET AND SIDEWALK
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| No person shall place any finished or unfinished vehicle, equipment, or machine in any parkway or public area between the paved surface of the street and sidewalk, crosswalk, or private property line for any time unless it is paved expressly for parking pursuant to prior authority granted by the Board of Public Works and Safety.
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| A)
| Notice to remove |
| The Chief of Police, Captain, or Sergeant is authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on the owner's property, which is dangerous to public health, safety, or welfare. A notice shall be sent by registered or certified mail, addressed to the owner at his last known address, or the notice shall be delivered to the residence of the owner as disclosed by the Auditor's office in DeKalb County or may be deposited on the premises in a conspicuous place.
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| B)
| Action upon noncompliance |
| Upon the failure, neglect, or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety, or welfare within ten days after receipt of written notice, or within ten days after the date of the notice in the event it is returned to the city by the U.S. Post Office Department because of its inability to make delivery, provided the notice was properly addressed to the last known address of the owner or agent, the work of disposing of the litter shall be done or caused to be done by the city. All authorized officers, employees, and contracting agents of the city are expressly authorized to enter into and upon private property for the purpose of removing and disposing of the litter. No person shall interfere with, hinder, or refuse to allow any person so authorized to enter into and upon private property.
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| C)
| Cost constitutes lien and placing on tax duplicate |
| The actual cost to the city for removing and disposing of the litter shall be a lien in favor of the city against the property, and all such cost, together with any penalty applicable thereto, shall be collected in the manner hereinafter set forth. In all cases where the full amount due the city is not paid to the Clerk-Treasurer by the owner of the property within 30 days after the removal and disposal of the litter, the costs shall become delinquent, and a penalty of 10% of the amount of the costs shall attach thereto and shall be included in the lien and shall be collectible in addition to the cost. Whenever a delinquency occurs for nonpayment of the cost, the Clerk-Treasurer shall file in the County Recorder's office a notice of lien setting forth the name or names of the owner or owners of each property on which the cost has become delinquent and further setting forth the description of the property as shown by the records of the County Auditor's office, the amount of the delinquent cost, and the amount of penalty thereon. The lien shall attach to the property described in the notice of lien from the time of the recording of the notice of lien. The Clerk-Treasurer is further directed to certify to the County Auditor a true copy of the notice of lien, and the amount of the delinquent cost and penalty thereon shall be charged to the property on the tax duplicate and shall be collected in the same manner that taxes are collected by law. The notice of lien so filed, recorded, and certified in accordance with the provisions hereof shall be prima facie evidence that the provisions of this section or chapter have been fully complied with and that the work has been done in accordance with the provisions
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| hereof. Such notice shall be full notice to any person that the amount of the lien constitutes a charge and lien against the property therein described and that the charge is due and collectible. Upon collection of the cost and penalty, the County Auditor or other appropriate county official shall pay over to the Clerk-Treasurer of the city the amount of the cost so collected, together with one-half of the penalty. He shall retain for the use and benefit of the county the remaining one-half of the penalty as a fee for the collection.
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