No person shall throw or deposit litter on any vacant private property, improved or unimproved, within the city whether owned by such person or not. (Prior code § 24-14)
8.32.070 Authorization for removal-Notice.
A. Notice to Remove. The director of public works is authorized and empowered to notify the owner of any vacant private property, improved or unimproved, within the city or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner or agent at his or her last known address. A copy of the notice shall also be posted on the property.
B. Period of Disposition. The owner or agent of such owner shall be given ten days within which to dispose of the litter described in the notice. The day of posting the notice shall be excluded in computing such period and no litter shall be removed by the director of public works until such period has expired.
C. Form of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within ten days after notice is given and diligently prosecuted to completion without interruption, the director of public works shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:
NOTICE TO REMOVE LITTER
The owner of the property described as follows: commonly known as is hereby ordered to properly dispose of the litter located on said property, to-wit, within ten (10) days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Director of Public Works of the City of Glendale shall cause such disposal to be done and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of the Glendale Municipal Code.
Estimated Cost of Disposal
$
Dated
Director of Public Works of the City of Glendale
D. Record. The director of public works shall cause to be kept in his or her office a permanent record containing:
1. A description of each parcel of property for which notice to dispose of litter has been given;
2. The name of the owner, if known;
3. The date on which such notice was mailed and posted;
4. The charges incurred by the city in disposing of the litter, and all incidental expenses in connection therewith; and
5. A brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.
E. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of the litter within ten days after notice has been given as provided in this section, or within twenty days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the director of public works is authorized and empowered to pay for the disposal of such litter out of city funds or to order its disposal by city forces. The director of public works and the director's authorized representatives, including any contractor with whom the director of public works contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon such property for the purpose of disposing of the litter described in the notice. Before the director of public works or contractor arrives, any property owner may dispose of the litter at his or her own expense.
F. Charge to Owner. When the city has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or the owner's agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien.
G. Recorded Statement Constitutes Lien. Where the full amount due the city is not paid by such owner within thirty days after disposal of the litter, the director of public works shall cause to be recorded with the city treasurer a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the litter disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be subject to a delinquent penalty of ten percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The city treasurer shall record the lien with the county recorder. (Prior code § 24-15)
