§ 50.08. DISPOSAL OF ABANDONED PROPERTY BY OWNERS AND OTHER PARTIES.

(A) Mandatory use of mechanical containers for disposal of abandoned property.

(1) An owner who lawfully recovers possession of real property shall place and use on the real property (or arrange for such placement and use) one or more mechanical containers as defined in division (B) of this section to contain the abandoned property until the mechanical container is removed from the real property for disposal within the time limitations of this section. The mechanical containers must be located on a private portion of the property that contains the dwelling unit or principal building.

(2) An owner who uses a court officer's services to recover or obtain possession of real property under an order of eviction shall make prior arrangements (either by private contract or through a court officer) for the placement of one or more mechanical containers meeting the requirements of this section on the real property prior to having the court officer remove or dispose of the occupant's abandoned property.

(3) An occupant, owner, or court officer who uses a mechanical container in connection with the disposal of abandoned property shall tightly close all lids and side doors after depositing the abandoned property into the mechanical container to prevent spillage on the real property or neighboring properties.

(4) An owner shall remove a mechanical container that is used under this section to contain abandoned property from the real property within 48 hours of its placement, unless the mechanical container used for such disposal is authorized under the provisions of subdivision (A)(8) of this section.

(5) An owner shall pay the expenses of placement, removal, and disposal of the contents of mechanical containers used to dispose of abandoned property whether such placement was arranged by private contract or through a court officer. To the extent permitted by law, an owner who pays for the use of a mechanical container may recover such expenses from the occupant who has vacated or been evicted from the real property.

(6) A court officer who agrees to arrange for placement and use of a mechanical container for an owner may require advance payment or an escrow deposit for the use of such equipment. To the extent permitted by law, the court officer shall have a lien against the real property to secure payment of any unpaid charges for the placement and use of a mechanical container under this section.

(7) A court officer may require indemnification from an owner using his or her services to obtain or recover possession of real property as a condition of arranging the furnishing of mechanical containers in connection with executing an order of eviction.

(8) Nothing contained in this section shall prevent an owner of real property that already uses containerized refuse receptacles as provided for in § 50.07 for regular, periodic pick-up and disposal from using such containerized refuse receptacles for containing abandoned property, provided the containerized refuse receptacles:

(a) Have sufficient unused capacity to contain all of the abandoned property;

(b) Meet the requirements of § 50.07, except removal from the real property within 48 hours; and

(c) Are emptied and returned to their usual, lawful location within 48 hours of their placement for use under this section.

(B) Requirements for mechanical containers used to dispose of abandoned property. Except for mechanical containers used in accordance with the provisions of subdivision (A)(8) of this section, mechanical containers used by an owner or court officer to dispose of abandoned property shall have wheels, side doors for access, and sufficient capacity to contain all of the abandoned property within them, including, but not limited to, furniture, appliances, clothing, refuse and the like items. All mechanical containers shall be made of watertight metal or plastic, with plastic or metal tightfitting lids.

(C) Abatement remedies.

(1) The village shall have the right to summarily abate any nuisance condition that violates the terms of this section, at the owner's expense, as provided for in § 50.04 of this Code. Such remedies shall include, but not be limited to:

(a) Removing any abandoned property located upon the real property that is not contained in a mechanical dumpster meeting the requirements of this section, and disposal of it as refuse, using the village's own personnel and resources, or contracting with a private company to furnish such equipment and perform such services;

(b) Removing any mechanical container located on real property that contains abandoned property, and disposing of its contents.

(2) Additional nuisance conditions or violations not specifically set forth above may be addressed by the village through enforcement of other applicable code provisions, by prosecution or other enforcement action in the district court, or by legal action in the circuit court with prior authorization from the village council.

(D) Nuisance per se. Any condition on real property that violates the regulations of this section constitutes a nuisance per se that shall be abated by a court of competent jurisdiction if the village elects to abate the nuisance by commencement of an action in a court of competent jurisdiction.

(E) Penalties for violation. A person who violates this section shall be subject to the civil infraction penalties set forth in Chapter 10. Each day on which a violation of this section continues shall constitute a separate violation. The imposition of a fine and/or payment of the village's abatement costs shall not be construed to excuse or to permit the continuation of any violation. A person who violates the provisions of this section shall also be subject to penalties for violation of the property maintenance code and the provisions of this code and state law regulating blight and nuisance.

(Ord. 108, passed 3-2-2012)