(A) If, upon reinspection, it is determined by the authorized individual that abatement has not occurred, or if vegetation of a height of 12 inches or more is present on a property in the same calendar year in which the town previously abated a violation of a similar nature on that property, then the Town Council, or its designee, may enter upon the premises and abate the environmental public nuisance. The recipient shall be liable for the costs of abatement. After abatement is completed, the Utilities Department shall, either by personal service or first class United States mail, postage prepaid, send the recipient a bill for the costs of abatement.
(B) As reimbursement to the town for its costs, the recipient shall, within ten days of the date of the bill, pay to the town the following fees and charges:
(1) Any disposal fees actually incurred to dispose of litter and waste products removed;
(2) Any other reasonable fees actually incurred in abating an environmental nuisance, including any towing and other removal costs; and
(3) Administrative, labor, and equipment fees may be changed or established by ordinance or amendment, as necessary to assure that such fees are adequate to reimburse the town.
(C) A recipient may request in writing, within five days following a notice of violation, an informal hearing before the Town Council at the next regularly scheduled Town Council meeting, to dispute the existence of a violation and/or the accuracy of all or part of the costs of abatement billed. Upon receipt of a hearing request, the Town Council shall not take abatement action until after the Town Council notifies the recipient of its decision. After such hearing, the Town Council shall determine the existence of a violation and/or the accuracy of all or part of the abatement costs billed and shall notify the recipient of any amounts due to the department. The decision of the town shall be final.
(Ord. 2019-01, passed 5-6-2019) Penalty, see § 94.99