Clearing of litter from open private property by the town shall be accomplished in accordance with the following procedure.
(A) The Board of Commissioners is hereby authorized, directed, and empowered to notify the owner of any open or vacant private property within the town or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety, or welfare. Such notice shall be by certified or registered mail, addressed to said owner at the owner’s last known address.
(B) Upon the failure, neglect, or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety, or welfare within ten days after receipt of written notice provided for in division (A) above, or within 30 days after the date of such notice in the event the same is returned to the town’s Post Office because of its inability to make delivery thereof (provided the same is properly addressed to the last known address of such owner or agent), the Board of Commissioners is authorized and empowered to cause to be paid out of town funds for the disposing of such litter or to order its disposal by the town.
(C) When the town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 1% per month from the date of the completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the town, and said charge shall be due and payable by said owner at the time of payment of such bill.
(D) Where the full amount due the town is not paid by such owner within 30 days after the disposal of such litter as provided for in divisions (A) and (B) above, the Board of Commissioners shall cause to be recorded in the office of the town’s Tax Collector a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done.
(1) The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and in interest, plus the costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent.
(2) Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the matter of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(Prior Code, § 12-34) Penalty, see § 91.99