(A) In addition to the fines imposed under § 92.99 of this chapter, in non-emergency situations where abatement is not accomplished immediately by the town, the failure, neglect or refusal of any party to abate a nuisance as required by the abatement notice shall authorize the enforcement authority to obtain the permission of the Town Council to abate the nuisance as set out in the abatement notice. Where such permission is sought, the enforcement authority shall file a copy of the abatement notice with the county’s Recorder to give constructive notice to subsequent purchasers that the real estate is subject to the costs associated with the abatement, if applicable.
(B) The work may be accomplished by town employees if the work is within their capacity to accomplish, or the work may be advertised for public bid and awarded to the lowest responsible and responsive bidder. An accurate accounting shall be kept of all costs incurred in abating the nuisance. Upon completion of the abatement, a statement for costs incurred shall be forwarded to the person, corporation, partnership, sole proprietorship or owner of record by certified mail. Should such costs remain unpaid ten calendar days after receipt by the person, corporation, partnership, sole proprietorship or owner of record, or upon return of the certified mail as undeliverable, then appropriate legal action may be taken to compel payment of the costs incurred. Any judgment for costs obtained shall be filed as a judgment lien against the real estate upon which the nuisance was abated, if applicable.
(C) As an alternative, where there has been noncompliance with the abatement notice, the town is also authorized to seek equitable relief in a court of competent jurisdiction to compel compliance with the orders set out in the abatement notice.
(Ord. 2011-2, passed 5-3-2011)