523.05 CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY TOWN.
   (a)   Notice to Remove. The Mayor is hereby authorized 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, rubbish, refuse and garbage located on such owner’s property. Such notice shall be served in accordance with the laws of this State concerning the service of process in civil actions.
   (b)   Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner so notified to properly dispose of such litter, rubbish, refuse and garbage within ten days after the date of service of such notice, the Mayor may cause the same to be removed by employees of the Town, or otherwise as he may decide or direct, and the Mayor shall report the cost of such removing to the Recorder who shall forthwith mail by certified mail a statement of the cost of removal to the owner of such property. At the same time the Recorder shall also inform the property owner that a lien will be filed against the owner’s property unless such statement of cost is paid in full within ten days from the date of statement. Should the owner fail to make payment within the time specified above, the Mayor is authorized to file a notice of lien against the owner’s property and which such notice of lien shall briefly describe the property affected and shall include a statement of costs, a clerical fee not to exceed fifty dollars ($50.00) and a fee for the search of the records to ascertain the owner of such property not to exceed fifty dollars ($50.00) and recordation of such lien. A copy of such notice of lien shall also be sent to the owner of such property by certified mail. Upon recordation of such notice of lien in the Trust Deed Book in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, such notice of lien shall constitute a valid lien from the date of its recordation.