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Clearing of litter from open private property by the Town shall be accomplished in accordance with the following procedure:
(A) The Town Manager or designee is hereby authorized, directed, and empowered to notify the owner of any open or vacant private property within the Town or the agent of the owner to properly dispose of litter located on the owner's property which is dangerous to public health, safety, or welfare. The notice shall be by certified or registered mail, addressed to the 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 15 days after receipt of written notice provided for in division (A) above, or within 30 days after the date of the notice in the event the same is returned to the Town because of its inability to make delivery thereof (provided the same is properly addressed to the last known address of the owner or agent), the Town Manager or designee is authorized and empowered to cause to be paid out of Town funds for the disposing of the litter or to order its disposal by the Town.
(C) When the Town has effected the removal of the 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 the owner prior thereto, shall be charged to the owner of the property and invoiced to the owner by the Town, and the charge shall be due and payable by the owner at the time of receipt of the bill.
(D) Where the full amount due the Town is not paid by the owner within 30 days after the disposal of the litter as provided for in divisions (A) and (B) above, the Town Manager or designee shall cause to be recorded in the Finance Department 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 the work was done. The information shall be turned over to the Town Attorney for collection procedures.
(1) The recondition of the 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. The 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 the charge appears becomes delinquent.
(2) Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and 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.
(1989 Code, § 90.28) (Ord. passed 12-14-1982)