(A) If the Town Manager determines there is a violation of this chapter or a public nuisance, the Town Manager will issue a notice of violation (NOV) to the responsible party. For purposes of issuing a NOV, the following persons shall be considered responsible parties, with liability for fines and responsibility for remedy of the violation: property owner(s;) and persons who have caused the violation.
(B) The NOV shall be served upon the responsible party by mailing a copy to that person's last known mailing address. The notice shall include:
(1) The address by legal description or street address of the location or premises of the tree(s) or shrub(s);
(2) The kind of tree or shrub in violation of this chapter;
(3) The sections of this chapter for which the responsible party is in violation;
(4) Any actions that the responsible party may undertake to abate such violation and the time period specified to abate such violation and the time period specified to abate such violation;
(5) The fact that a penalty may be assessed pursuant to Chapter 13 of the this Code of Ordinances; and
(6) The date after which the town may abate the nuisance or violation.
(C) The town shall, upon order of the Town Manager, take steps to remedy the violation. If the responsible party fails to remedy the violation cited in the NOV during the correction period, the town may bring suit in a court of competent jurisdiction to collect the accumulated fines, and any other costs associated with the remedy of the violation as are allowed by law, and any other remedies available, including to but not limited to injunctive relief.
(D) If a property owner fails to abate the violation cited in the NOV and the town remedies the violation, the Clerk-Treasurer's office shall prepare a certified statement of the actual cost incurred by town for the action. The landowner shall pay the amount in the statement to the Clerk-Treasurer's Office within ten working days of receiving it. If the property owner should fail to pay within the ten-day period, a certified copy of the statement of costs shall be filed in the offices of the Madison County Auditor. The Madison County Auditor shall place the amount claimed on the tax duplicate against the property affected by the work. The amount shall be collected as taxes are and disbursed to the General Fund of the town.
(Ord. 2018-01, passed 2-8-18; Am. Ord. 22-20, passed 5-12-22)