(A) Notice to remove. The Town Marshal is hereby authorized and empowered to notify the owner of any open or vacant private property within the town, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety, or welfare. Such notice shall be served personally or may be sent by registered or certified mail to the address of the owner or his or her last known address.
(B) Action upon non-compliance. Upon the failure, neglect, or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety, or welfare within ten days after receipt of written notice provided for in division (A) above, the Town Marshal is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
(C) Charge included in tax bill. When the town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 8% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular bill forwarded to such owner by the town, and said charge shall be due and payable by said owner at the time of payment of such bill.
(D) Recorded statement constitutes lien. Where the full amount due the town is not paid by the owner within 30 days after the disposal of such litter, as provided for in divisions (A) and (B) above, then, and in that case, the Town Clerk-Treasurer shall cause to be recorded, in accordance with the laws of the state, a lien against the real estate for the assessment with the County Auditor and County Recorder. The recording of such lien shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest until paid in full. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the tax billing date upon said charge that appears to become delinquent.
(E) Action. The town, without waiving its right to proceed under divisions (A) through (D) above, may bring action in its name in any court having jurisdiction over the town for injunctive relief to compel enforcement of this chapter against any person. In the event it should be necessary to file such an action for injunctive relief, the person, if found to be in violation of this subchapter, shall pay all litigation expenses, together with reasonable attorney’s fees, for the enforcement of this subchapter.
(Ord. 84-3, passed 9-4-1984)