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(A) (1) In the event of a failure, refusal or neglect of the owner or occupant of any premises or property because the above set out nuisances to be removed are abated in the manner and within the time provided herein, it shall be the duty of the Superintendent of Public Works, any authorized law enforcement officer of the town or the Town Manager to cause the weeds, brush, rubbish, garbage, refuse, trash or other unsanitary matter or condition constituting a nuisance to be promptly and summarily abated in a reasonable and prudent manner at the expense of the town.
(2) The Town Manager of the town shall compile the cost of the work done and the improvements made in abating the nuisance and shall charge the same against the owner of the premises.
(3) It is hereby provided that the general overhead of administration expenses of inspection, locating the owner or occupant, issuing notices, reinspection and ordering work done, together with all the necessary instance of same, shall require that the Town Manager figure the cost at the cost of labor to the town and the minimum charge is hereby established and declared to be an expense of the work and improvement.
(4) Notwithstanding, therefore, any tabulation of recorded cost, minimum charge of $250 shall be assessed against each lot so improved under the terms of this section, that set sum of $250 is hereby expressly stated to be a minimum charge only, and shall have no application if the tabulated cost of work done shall exceed the minimum charge.
(5) (a) The Town Manager, after compiling the cost of the work and after charging the same against the owner or occupant of the premises, shall certify a statement of the expenses to the Clerk- Treasurer, who shall file the same with the County Clerk.
(b) Upon filing the statement with the County Clerk, the town shall have a lien upon the land described therein and upon which the improvements have been made, second only to real estate tax liens and liens for street improvements, to secure the expenditures so made, and 10% interest on the amount from the date of the payment.
(6) For any expenditure and interest, as aforesaid, suit may be instituted by the Town Attorney or the prosecuting attorney for the county and recovery and foreclosure had in the name of the town; and the statement so made, as aforesaid, or a certified copy thereof shall be prima facie proof of the amount expended for any work or improvements.
(7) On payment of the full charges assessed against any property, pursuant to the procedure herein above set forth, the Clerk-Treasurer of the town shall be authorized to execute for and on behalf of the town a written release of the lien heretofore mentioned.
(8) The written release to be on a form prepared and approved by the Town Attorney.
(B) The town shall have the right to award any quantity of work authorized herein to a general contractor whose bid shall be accepted by the town’s counsel as the lowest and best secured bid for the doing work herein mentioned during a stipulated time not to exceed one year.
(C) (1) In addition to the remedies described herein and cumulative thereof, if it shall be brought to the attention of the Town Council and it shall be determined that the nuisance or nuisances are likely to have an immediate adverse affect on the public health, comfort or safety of the citizens of the town then and in that event, the Town Council may, by appropriate resolution or motion, at a public meeting; order the nuisance or nuisances summarily abated by the town, in a reasonably prudent manner to be enforced by applying to a court of competent jurisdiction to grant an injunction against the violator of this subchapter.
(2) Citizens of the town shall likewise have a right, under this subchapter, to petition a court of competent jurisdiction for an injunction to abate any common nuisance herein above described.
(Ord. 7-1994, passed 3-21-94)