(A) Where weeds, rubbish, brush, litter or any other unsightly, objectionable, unsanitary matter has been allowed to accumulate or grow on any real property within the municipality, and the owner of such real property fails or refuses to keep the same free from weeds, rubbish, brush, litter or any other unsightly, objectionable or unsanitary matter of whatever nature within ten days after notice.
(B) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner’s post office address; or
(3) If personal service cannot be obtained or the owner’s post office address is unknown:
(a) By publication at least twice within ten consecutive days;
(b) By posting the notice on or near the front door of each building on the property to which the violation relates; or
(c) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. Said notice shall provide that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality may, without further notice, correct the violation as provided in this section, at the owner’s expense and assess the expenses against the property as provided in this section.
(C) If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within ten days’ of notice of a violation, the municipality may:
(1) Do the work or make the improvements required and charge the expenses to the owner of the property; or
(2) Pay for the work done or improvements made and charge the expenses to the owner of the property.
(D) The Town Council may assess expenses incurred against the real estate on which the work is done or improvement made. The Mayor, Municipal Health Authority, or other municipal officer designated by the Mayor must file a statement of expense with the County Clerk in which the town is located, whereupon the town shall have a privileged lien on such real property, second only to tax liens and liens for street improvements, to secure the expenditures so made, and 10% interest on the amount from the date of such payment. For any such expenditures and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the town. The statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any work or improvements.
(Ord. 95-02, passed 2-20-1995)