The board of trustees may cause property within the town limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:
A. Notice To Clean And Mow: At least ten (10) days' notice shall be given to the owner of the property by certified mail, with return receipt requested, at the address shown by the current year's tax rolls in the county treasurer's office before the board of trustees holds a hearing or takes action. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that unless such work is performed within ten (10) days of the date of the notice, the work shall be done by the town, and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the town.
B. Owner's Consent For Town To Clean And Mow: The owner of the property may give his written consent to the town authorizing the removal of the trash or the mowing of the weeds or grass. By giving such written consent, the owner waives his right to a hearing by the board of trustees.
C. Hearing To Determine Hazardous Condition: A hearing may be held by the board of trustees to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic or creates a fire hazard to the danger of property.
D. Authority Of Town To Remove Hazard: Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of Caddo are granted the right of entry on the property for the removal of trash, mowing of weeds or grass and performance of the necessary duties as a governmental function of the town.
E. Costs To Owner: The board of trustees shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The town clerk-treasurer shall forward by certified mail, with return receipt requested, to the property owner at the address named in subsection A of this section, a statement of such actual cost and demanding payment. If the mowing is done by Caddo, the cost to the property owner shall not exceed the actual cost of the labor, maintenance and equipment required for the mowing. If the mowing is done on a private contract basis, it shall be awarded to the lowest and best bidder.
F. Costs A Lien: If payment is not made within thirty (30) days from the date of the mailing of the statement, the town clerk- treasurer shall forward a certified statement of the amount of the cost to the county treasurer and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
(1999 Code § 4-401)