(A) The failure, neglect, or refusal by any owner to abate the nuisance as prescribed in the notice to abate given under this subchapter shall be considered a violation of this subchapter, and each subsequent day of noncompliance shall be considered a separate violation.
(B) Upon failure, neglect, or refusal of any party to comply with the notice to abate given under § 93.03, or whenever a nuisance exists which creates a safety or health hazard requiring immediate abatement in order to protect public safety or health, and after all persons known to have a substantial interest in the property where the nuisance exists have been given a reasonable opportunity to bring the property into compliance and have not done so, the town may abate the nuisance and bill the cost of abatement to the record property owner and to persons shown to have the exclusive possession of the property. In the event town employees are used to abate the nuisance, the hourly rate charged by the town shall be $100 per hour per employee for the first violation, and said rate shall increase by $50 per hour per employee for all subsequent violations. In addition to the hourly rate, all costs involved with the disposal of any material removed from the property shall be assessed to the property owner. This hourly rate shall be adjusted from time to time by the Town Council by resolution in order to be assured that the costs of enforcement are completely paid for by the owner and not other tax payers. Any and all costs incurred by the town in the abatement of a nuisance under the provisions of this subchapter shall constitute a lien against the property upon which the nuisance existed, which lien shall be filed, proved, and collected by certifying the costs of the abatement to the County Auditor as provided by law. In enforcing the provisions of this subchapter, the town shall also be entitled to collect reasonable attorney fees and court costs in addition to any other fines and penalties as provided by this section and by law.
(C) The costs established in division (B) above which shall be assessed to the property owner, are separate and distinct and shall be in addition to any penalties set out in § 93.99, and the $2,500 call for fines in § 93.99 does not and shall not apply to the costs assessed to the property owner under this section.
(Ord. 2002-07, passed 8-5-02; Am. Ord. 2003-08, passed 6-2-03 ; Am. Ord. 2010-04, passed 6-7-10; Am. Ord. 2011-3, passed 9-22-11) Penalty, see § 93.99