(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTION ORDER. The notice served by the enforcement authority on the properly owner of the ordinance violation.
ENFORCEMENT AUTHORITY. The Town Council, Town Marshal, Town Attorney or designee of the Town Council, or in cases of appeal the properly constituted county or city court having jurisdiction hereof.
POOLS OF WATER or ACCUMULATION OF WATER. The uncontrolled, untreated accumulation of water, including, but not limited to, accumulations of water or other liquids in human- made or natural pools which are allowed to remain in place so as to become foul or stagnant, or in such a manner as to attract insects, parasites and/or other posts which threaten the health and safety of residents of the town.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person
having control over the property of another, such as a right-of-way, easement, license or lease.
(B) Duty of owner to remove or dissipate accumulated water or pools of water. It shall be the duly of any owner of real estate within the geographical limits of the town to remove or dissipate pooled or accumulated water, and any other accumulation of liquid, when such water or liquid has become foul or stagnant, or when such water or liquid is accumulated in such a way that it attracts insects, parasites or pests, regardless of whether the water or liquid is accumulated or pooled naturally or in a human- made pool or container.
(C) Complaints. Any person, including town officials or employees, who believe there is property located within the corporate limits of the town which has pooled or accumulated water in violation of this section, shall make a written complaint signed, dated and filed with the Town Clerk-Treasurer. If the town makes the complaint, an employee, officer or Council member of the town shall file the complaint in all respects as set out above. The enforcement authority may also initiate a complaint under this section and shall make written record of same, signed dated and filed in the same manner as for any employee, official or citizen of the town.
(D) Notice of violations.
(1) Upon receiving notice of the probable of pooled or accumulated water in violation of this section, a person designated by the enforcement authority shall be authorized lo enter upon the subject property, make an inspection and prepare a written report to the enforcement authority regarding the condition, the enforcement authority, upon concluding that there is a probable belief that this section has been violated, shall forward written notification in the form of a “destruction order” to the property owner and/or the person occupying the properly as that information is contained within the records of the town or any other town agency. Such notice shall be served in writing by hand-delivery or by certified mail. The notice shall provide that within seven calendar days after the receipt of the notice that the designated violation shall be removed by the properly owner and or person occupying the property.
(2) (a) All notices are to be in writing and all filings are to be with the Town Code Enforcement Officer and with the Town Clerk-Treasurer.
(b) Certified mailing to the Town Clerk-Treasurer or others is deemed filed on the date of posting to the United States Postal Service.
(E) Appeals.
(1) The properly owner may appeal the destruction order by filing written notice of objections with the enforcement authority within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the enforcement authority. It is the properly owner’s responsibility to demonstrate that the matter in question is not in violation of this section, and should not be subject to destruction under the section.
(2) An appeal by the properly owner shall be brought before the properly constituted county or city court having jurisdiction hereof. The judge’s decision may be appealed before the Town Council by giving written notice of appeal within ten days of the judge’s decision to the Town Council.
(F) Abatement. In the event that the property owner shall fail to comply with the destruction order within seven calendar days and has not filed a notice within 48 hours to the enforcement authority of an intent to appeal, the enforcement authority may employ the services of town employees or outside contractors to remove or dissipate the water or other liquid in conformity with this section by all lawful means.
(G) Liability.
(1) The property owner is liable for all costs of removal or dissipation of pools or accumulated water as defined by this section.
(2) The property owner is responsible for all collection costs associated with removal or dissipation of pools or accumulated water including, but not limited to, court costs, attorney’s fees and interest on any unpaid amounts incurred by the city. If the enforcement authority uses municipal employees, the hourly rate for work performed by town employees shall be established at $50 per hour for the services of town employees and $50 per hour for use of town equipment. The Town Clerk- Treasurer shall issue a bill for services to the property owner.
(3) All sums payable by the properly owner are to he paid lo the Town Clerk-Treasurer and lo be deposited in a general fund, as compensation for expenses and costs incurred by the city. The sums payable by the property owner shall be paid within 30 days of receipt of the statement. Pre-judgment interest for unpaid balances shall accrue interest at the rate of 8% per annum. Post-judgment interest shall be at the rate of 8% per annum.
(4) If the properly owner fails to pay a bill issued under this section within the time specified in this section, the city shall certify to the County Auditor the amount specified in the bill, plus any administrative costs, attorney lees and court costs, incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, 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. 2010-5, passed 7- -2010) Penalty, see § 92.99