(A) Inspection. Following the expiration of the notice to abate, an inspector shall visually inspect the property to determine whether weeds, noxious growth, rank vegetation and/or an environmental public nuisance exists. In the event that the weeds, noxious growth, rank vegetation and/or an environmental public nuisance still exists, action shall be taken to abate said condition in accordance with the provisions of this section and these regulations, as amended from time to time.
(B) Citation for violation. In the event that the inspector finds that weeds, rank vegetation, and/or other environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, that inspector may cause a citation for violation of town ordinance to be issued to the offending property owner.
(C) Feeding wild or domestic waterfowl. Where an inspector or authorized representative of the town investigates a complaint of any person or persons feeding wild or domestic water fowl on Cedar Lake, or within 500 feet from the shoreline of Cedar Lake, or within 500 feet of any contributory wetland, creek, drain (mutual or regulated), or stream of the Cedar Lake watershed, the inspector may issue either a warning notice or violation citation, as is warranted and/or deemed appropriate under the circumstances, to any person or persons who refuse to desist from feeding the wild or domestic water fowl, pursuant to the provisions of this subchapter.
(D) Abatement by town on private property. In addition to the issuance of a citation for violation of a town ordinance under division (A) above, the inspector, in the name of the town, may issue a request to the town to abate the weeds, rank vegetation and/or other environmental public nuisance. The actual abatement may be assigned to a town department, or contracted out through standard procedures.
(E) Abatement by town on governmental property. Where the complaint involves governmental property, and it is determined by the inspector that a violation exists and threatens the health and safety of the residents of the town, the inspector may direct the town to immediately enter upon the premises and remove the violation.
(F) Abatement expense. Following abatement by the town, the inspector shall furnish the town with a statement of the actual cost involved for the abatement of the violation, including the costs of removal, cutting or destruction of weeds, rank vegetation, and/or other environmental public nuisance as defined by this subchapter, or the costs of trimming tree limbs or branches, as well as administrative costs, including, but not limited to, court costs, attorney's fees and the costs of sending or posting notices of violations. In the event that the enforcement authority uses municipal employees to perform the abatement, the town shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals that may be used.
(G) Responsibility for abatement expense. The property owner shall be responsible for all expenses related to abatement of the violation performed by the town. Following receipt of the statement of actual cost involved for the abatement of the violation, the town shall send the statement to the owner by first-class mail. The owner shall pay the amount noted to the town within 14 days after receipt, which shall be deposited in the Town General Fund.
(H) In the event that the owner fails to pay a town bill or invoice issued under this subchapter within 14 days, and has not filed an appeal, as provided for in § 93.27, the town shall certify to the Lake County Auditor the amount specified in the bill or invoice, plus all documented additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected, and upon collection, shall be disbursed to the General Fund of the town.
(I) The town may also, at its discretion, bring an action in a court of competent jurisdiction in a State Court in Lake County, to collect the amount of the expense incurred in division (C), plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. In the event that the town obtains a judgment under this division, the town may obtain a lien in the amount of the judgment on any real or personal property of the owner of record.
(J) Any violation of this subchapter is subject to the penalties as established by § 93.99, as amended from time to time.
(Ord. 641, passed 3-7-95; Am. Ord. 1354, passed 6-16-20)