(A) (1) The Town Manager, or a designated employee, will determine after the expiration of the aforementioned five day notice if there has been compliance with the Notice of Violation to abate the nuisance. If the property owner so served does not abate the nuisance and fails to remove the specified weeds, grass, detrimental plants or other rank or noxious vegetation on their property within the aforementioned five days, the town shall have the right to cut and remove the weeds, grass, detrimental plants or other rank or noxious vegetation specified in the Notice of Violation.
(2) The Town Manager, or designated employee, shall cause the cutting and removal of such to be done and forward information to the Clerk-Treasurer of the town for preparation of a certified statement of the actual costs incurred for such cutting and removal by the town, either by using its own employees or an independent contractor.
(B) Thereupon the Clerk-Treasurer shall have the statement delivered to the property owner by the town's law enforcement department or by certified or registered mail addressed to the property owner's address shown on the records of the Wayne County Treasurer.
(C) In the event the property owner disputes the Notice of Violation issued under this chapter or a certified statement of the cutting and removal costs, such property owner may file a written appeal with the Town Council for rescission or adjustment of such notice or certified statement within five days after the date of such notice or certified statement.
(D) Upon failure of the property owner to pay the certified statement issued under this chapter within ten days as set forth in this chapter, the Clerk-Treasurer shall file a certified copy of the statement of actual costs for the cutting and removal of such vegetation with the Office of the Wayne County Auditor for placement of the amount due upon the tax duplicate of the property owner for the collection as delinquent taxes are collected and disbursed to the general fund of the Town of Hagerstown as provided by I.C. 36-7-10.1-4.
(Ord. 3-1998, passed 6-15-1998; Am. Ord. 3-2007, passed 5-7-2007; Am. Ord. 12-2009, passed 11-17-2009)