§ 90.061 APPEAL OF COSTS.

   Any invoice issued pursuant to this section may be appealed to the Town Council if written notice of appeal is served on the Clerk/Treasurer within seven calendar days from the date on which the invoice is served on the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Town Council.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.062 FAILURE TO PAY.

   If the landowner fails to timely pay an invoice issued pursuant to this section, the Clerk/Treasurer shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.063 TIME OF APPEALS.

   The Town Council shall hear any timely requested appeal of a notice of violation or invoice within 30 calendar days following receipt of the same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the Town Council's decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.

(Ord. 7-11-05-1, passed 8-8-2005)

OPEN BURNING

§ 90.075 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CONTAINED FIRE. Any fire contained in an incinerator, fireplace or cooking grill or other enclosure designed for outdoor cooking, or fireproof container.

   FIRE. Any fire set or maintained outside of a building.

   PERSON. Any individual, partnership, organization, association, corporation, limited liability company, agency, firm, estate or cooperation and any other legal or commercial entity.

   RESPONSIBLE ADULT. An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.

   UNCONTAINED FIRE. Any fire not included in the definition of a "contained fire".

(Ord. 1-11-99-1, passed 9- -1998)

§ 90.076 GENERAL LIMITATIONS ON BURNING.

   (A)   Compliance with subchapter. It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, of whatever nature, without complying with this subchapter. Nothing herein shall be construed to prevent fire fighting training by the Volunteer Fire Department.

   (B)   Public roads and public properties. No person shall set, start, feed, permit to burn or maintain any fire upon any of the streets and/or rights-of-way, sidewalks, alleys, or public grounds in the town, except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain the fire.

   (C)   General provisions. Nothing herein shall be deemed to prohibit indoor cooking activities providing that reasonable safeguards are maintained. Cooking grills may be less than 20 feet from a building providing that reasonable safeguards are maintained.

   (D)   Special circumstances. 

      (1)   In the event that it is necessary to have an uncontained fire of a size and/or at times other than permitted under this subchapter, special permission must be obtained in advance from the Town Council.

      (2)   In the event any fire company is required to respond to a fire which violates the provisions of this subchapter, a service fee may be levied by the responding fire company.

(Ord. 1-11-99-1, passed 9- -1998) Penalty, see § 90.999

§ 90.077 TOWN NOT LIABLE FOR DAMAGE.

   (A)   The town and its agents, officials and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this subchapter, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this subchapter.

   (B)   The individual person or party responsible for any fire shall bear sole liability for any damages caused as a result thereof.

(Ord. 1-11-99-1, passed 9- -1998)