(A) Any person or persons violating any of the provisions of this section commits a Class D ordinance violation and shall be fined for each offense. Each day’s violation shall constitute a separate offense. The fine for each day’s offense shall be $100 per day.
(B) There shall be a minimum fee of $250 for any brush removal that exceeds general regulation guidelines, requires more than five minutes to remove the materials from the site, or as determined by the Street Commissioner or designee. A fee notice will be posted at the residence prior to the Street Department collecting the brush. No brush will be picked up at the specified location until payment has been received by the Clerk-Treasurer.
(C) It shall be the duty of the Street Commissioner or designee upon notification of any such existing condition, to inspect the real estate in question, and if upon inspection determines that the real estate is in violation, shall issue a ten-day notice to remove the yard waste as specified in division (D), below, and in § 93.23.
(D) If any owner or lessee being duly ordered as herein provided by the Street Commissioner or designee shall fail or refuse to obey the code, it shall be the duty of the Street Commissioner or designee to cause the yard waste to be removed. The Street Commissioner or designee shall keep an account of the expense thereof, which shall be reimbursed upon the sworn voucher of the Street Department Commissioner, and the Town Clerk-Treasurer shall produce a certified statement within ten business days of the actual cost incurred by the town in the removal. The statement shall be delivered to the owner of the real estate by certified mail, and the owner shall have not more than 30 days within which to pay the amount to the Clerk-Treasurer.
(E) If the landowner fails to pay the sum within the time prescribed, a certified copy of the statement of costs shall be filed in the office of the County Auditor, and the Auditor shall place the amount claimed on the tax duplicate against the lands of the landowner affected by the work. The amount shall be collected as taxes are collected and when collected shall be disbursed to the fund incurring the expense.
(Ord. 10-13, passed 9-27-2010)