A. Service On Owner; Right To Object: Upon receipt of the statement of costs from the Town Council, the Town Clerk/Treasurer shall mail to the owner of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the Town proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made, in writing, and received by the Town Clerk/Treasurer within twenty (20) days from the date of mailing such notice.
B. No Objection By Owner; Lien: Upon the expiration of the twenty (20) day period, if no objections have been received by the Town Clerk/Treasurer, the Town Clerk/Treasurer shall enter that amount in the Town liens docket which shall therefore constitute a lien against the property.
C. Objection; Referral To Council: If objections of either the property owner or their representative are received by the Town Clerk/Treasurer prior to the expiration of the twenty (20) day period, the Town Clerk/Treasurer shall refer the matter to the Town Council for review.
D. Review; Determination: Upon conclusion of the review, the Town Council shall make a written determination that the amount of the charges shall be cancelled, reduced or remain the same. A copy of this determination shall be furnished to the person making the objection.
E. Elimination Of Civil Penalty: The Town Council, in review, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it is determined that:
1. The current owner was not in possession of the property at the time the notice required in Section 4-2-8 of this Chapter was posted; or
2. The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such knowledge.
F. Notice Of Assessment Not Received By Owner: If, after a lien has been entered in the docket of Town liens, there is a written request of an owner who alleges that the owner did not receive notice of the proposed assessment, the Town Clerk/Treasurer shall refer the matter for review pursuant to subsection C of this Section.
G. Reduction Or Cancellation Of Lien: The lien may be cancelled or reduced by the Town Council, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and in addition, that the circumstances are such that reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the Town Council, pursuant to this subsection, the Town Clerk/Treasurer shall cancel or reduce the lien if required by the determination of the Town Council.
H. Entry Of Lien On Docket: A copy of the determination will be furnished to the Town Clerk/Treasurer who shall then enter a lien in the amount determined by the Town Council in the Town liens docket as provided in subsection B of this Section.
I. Determination Final: The determination of the Town Council is a final administrative decision.
(Ord. 252, 9-1-1998; amd. Ord. 23-002, 9-14-2023)