(A) If the violation has not been abated by the owner as set forth in the notice of violation, the town acting by and through the Department may enter the property and abate the violation utilizing its own employees and equipment or a contractor engaged by the town.
(B) The Town Clerk-Treasurer shall issue an invoice to the owner for the costs incurred in removing the weeds or rank vegetation, including administrative costs associated with abating the violation, and a penalty amount of $250 for violating this chapter (“invoice”).
(C) Within ten calendar days from the date of the invoice, the owner shall:
(1) Pay to the Town Clerk-Treasurer all amounts owed as reflected in the invoice; or
(2) File an appeal with the Town Council in accordance with division (D) below.
(D) Appeals.
(1) An appeal must be in writing and set forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal.
(2) The appeal must be filed with the office of the Town Clerk-Treasurer.
(3) The Town Council will consider any appeal at a regularly scheduled Town Council meeting.
(4) The Town acting by and through the Department will not enter an owner’s real property if the owner initiates an appeal and the Department will not abate a violation of this chapter until the Town Council has heard the owner’s appeal.
(5) The following reasons will be deemed just cause for an appeal and just cause to rescind the notice of violation:
(a) The owner has abated the violation as set forth in the notice of violation.
(b) The owner has made provisions to abate the violation set forth in the notice of violation and the owner satisfies the Town Council that the violation will be abated within a time certain agreeable to the Town Council.
(6) The following reasons will not be just cause for rescinding a notice of violation or opposing an owner’s appeal:
(a) The owner has sold the property pursuant to a land contract.
(b) The owner has rented the property to another individual/entity that is responsible for maintaining the real property.
(c) The property is in foreclosure proceedings.
('85 Code, § 5-2-5) (Ord. 1985-C-19, passed 9-16-85; Am. Ord. 2013-11-1, passed 11-14-13)