(A) In the event that the landowner fails to remove the vegetation within the time prescribed, the town may, through its own workforce or through a private contractor hired by the Superintendent of the Street Department, enter onto the landowner's property and remove the vegetation, weeds and grass.
(B) The imposition of charges for the costs of abatement by the town and the imposition of fines as set forth herein below by this section shall be administered by the Clerk-Treasurer:
(1) Fines. If the property owner fails to abate the violation within the ten day period referenced in § 92.47, the property owner shall be liable for a fine up to $250.00 subject to the following:
(a) If the property owner has not previously violated this subchapter, the fine shall be $100.00;
(b) If the property owner has previously committed one violation of this subchapter, the fine shall be at least $150.00; and
(c) If the property owner has previously committed two or more violations of this subchapter, the fine shall be at least $200.00.
(2) Costs. The town shall mail, via certified mail, an invoice to the property owner reflecting the total cost incurred by the town in mowing the property, administrative costs associated with abating the violation, and an invoice for the appropriate minimum fine as outlined in division (B)(1).
(3) Within ten days of the date the invoice in division (B)(2) is mailed, the property owner shall:
(a) Pay to the town all amounts owed as reflected in the invoice; or
(b) File a written appeal as set forth in division (C).
(C) Appeals. A party wishing to appeal a notice of violation or a bill issued under this section shall file a written appeal with the Hamilton County Superior or Circuit Court setting forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal. Upon appeal, the Court shall set the matter for contested hearing and determine whether the property owner is liable for the violation and, if appropriate, assess fines. In any proceeding before the Court regarding the violation, the town shall be entitled to recover reasonable attorney fees and costs if it is the prevailing party.
(Prior Code, § 5:3:04) (Ord. 82-29, passed 2-2-1983; Ord. 89-5, passed 9-20-1989; Ord. 2019-04, passed 6-3-2019)