(A) Abatement by town. If any owner, tenant or agent in charge of real property shall allow a nuisance to exist on any lot, block or parcel after being notified to abate the nuisance through the written notice as submitted by the Code Enforcement Officer, by a date certain, then the Town Manager, or the Manager’s designee, may direct that the nuisance be abated or caused to be abated by the town, and charge the cost thereof to the owner, tenant or agent in charge, together with 5% additional fee of the total cost, for inspection and other incidental costs. The total cost shall include the town’s legal fees spent in the prosecution of the matter, if any. Further, the town may file a lien against each lot or tract of land, which created the nuisance, until paid and such lien shall have priority over all other liens, except general taxes and prior special assessments or may use any other method available to the town for collection at said time. Should the owner, tenant or agent in charge of the real property not pay the total costs of abatement within 30 days of assessment, the costs may be certified by the Town Clerk to the County Treasurer who shall collect the assessment, together with a 10% penalty for cost of collection, in the same manner as other taxes are collected.
(B) Abatement through Town Municipal Court. The Code Enforcement Officer may, with the assistance of the Town Attorney, choose to seek the adjudication and abatement of a nuisance through the town’s Municipal Court. In such case, the abatement procedures set forth in division (A) above shall remain fully enforceable though monitored by the town’s Municipal Court Judge.
(C) Abatement process applicable to weeds.
(1) Due to the fast growth of weeds and the need for timely abatement, the following abatement process shall be applicable to owners of real property allowing a weed nuisance to exist on the property.
(2) If any owner, tenant or agent in charge shall fail to cut the weeds, within five days after being notified to do so by the Code Enforcement Officer, or Town Manager (or Manager’s designee), by registered or certified mail, hand delivery, or by posting notice on the property in a prominent place (if the owner or occupant cannot be located), the Town Manager may direct that the weeds be cut by an employee of the town or a private contractor performing the work on behalf of the town and charge the cost thereof to such owner, tenant or agent, together with a 5% additional charge for inspection and other incidental expense.
(3) (a) The total cost shall be conveyed, by registered or certified mail, to the owner or occupant with a demand that the sum be paid within 30 days of the date of the letter. Should the owner fail or refuse to pay the assessment within the 30 days, the Clerk shall cause such assessment to become a lien against the lot, block or parcel of land, which lien shall have priority over all liens, except general taxes and prior, special assessment.
(b) The same may be certified at any time, after such failure to so pay the assessment, by the Town Clerk to the County Treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with 10% penalty to defray the cost of collection. All other remedies that may be available to the town shall remain as an option of collection.
(Prior Code, § 520.6) (Ord. 170, passed 7-28-1958; Ord. 411, passed 1-2-1994; Ord. 584, passed 10-1-2015)