(a) For Special Municipal Services defined as any expenditure of the Town’s resources toward real or personal property not owned by the Town or in behalf of persons or other entities, the Town shall have the authority to impose a fee for such service and to provide a method for the collection of any fees for that service.
(b) Before any Special Municipal Service is rendered the Town shall make a reasonable effort to provide Notice to the owner, owners or responsible party for the real or personal property or the person or entity of the Town’s intention to perform the Special Municipal Service.
(c) Such Notice shall afford the owner(s), responsible party, person(s), or entity a reasonable opportunity to perform the service without the Town having to do so, an estimated cost for the Town to perform this Special Municipal Service and the Town’s intention to seek payment for the service rendered.
(d) Absence of the foregoing Notice shall not prohibit the Town from performing such service and providing the following Notice for payment of the services rendered.
(e) Upon rendering of such service to any real property the Town shall provide Notice to the owner(s) by certified mail, return receipt requested. The Town will file a lien upon the real property upon which the service was rendered in the amount of the fee together with any allowable interest or other charges unless such fee and any other allowable costs are paid.
(f) Such Notice shall allow a minimum time of at least ninety (90) days from the date that the Notice is mailed for payment and prior to the filing of any lien.
(g) Such Notice shall also include the right of the owner(s) of the subject real property to appeal the matter to the circuit court of the county where the property is located.
(h) The amount of the fee for the service rendered by the Town shall be determined by the Town Council and may be changed from time to time for general or common charges or established as a special fee for a particular service.
(i) Prior to adoption, this article shall be subject to a public hearing at a regular meeting of the Town Council, and the full text of this article shall be published as a Class II legal advertisement once a week for two consecutive weeks in a newspaper of general circulation in the Town and also giving Notice of the date, time and place of the public hearing.
(j) Provisions of this article with respect to service rendered may be applied retroactively prior to its date of adoption.
(Passed 1-20-14.)
CODIFIED ORDINANCES OF MARMET