(A) Lien on real estate. If the authorized employee and/or officer finds that the public nuisance and/or environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, the employee and/or officer through the Clerk-Treasurer of the town may certify to the County Auditor of all costs of abatement and correction together with administrative costs incurred in the certification. The County Auditor shall place the total amount certified on the tax duplicate for the property affected, and such total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(B) Complaint for violation and recovery of costs. If the authorized employee and/or officer finds that a public nuisance and/or environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, the employee and/or officer may cause a complaint for violation of a town ordinance to be issued to the offending property owner.
(C) Abatement by town on private property. In addition to the issuance of a complaint for the violation of a town ordinance under division (A) above, the employee may determine than an emergency exists and direct the town to immediately enter upon the property and remove the public nuisance and/or environmental public nuisance. The employee shall thereafter furnish the Town Council with a statement of actual costs involved in the removal of such nuisance. The actual abatement may be assigned to a town department or contracted out through standard procedures.
(D) Responsibility of offender for costs of enforcement.
(1) The Town Council shall make a statement of the costs incurred in eliminating the public nuisance and/or environmental public nuisance. The costs shall include: cost of removal of such public nuisance, administrative fees, attorneys’ fees if court ordered enforcement is necessary and all recording fees associated with the collection of the outstanding balances.
(2) The following amounts are subject to change, and shall be set by the Town Council from time to time. The following fees shall be costs charged to:
Administrative fees | These fees would cover such administration tasks as inspecting the property to determine violation, to determine compliance, determining ownership and preparing and mailing notices. No fee would be charged if no violation is found: | $500 |
Equipment fees | The following equipment fees per machine, per hour or fraction thereof, for the use of each piece of equipment necessary to abate the public and/ or environmental nuisance: | |
Backhoe | $30 (or current rate) | |
Dump truck | $30 (or current rate) | |
Loader | $30 (or current rate) | |
Packer | $30 (or current rate) | |
Pick-up | $20 (or current rate) | |
Trash/bush hog | $30 (or current rate) | |
Labor and fees | The following labor fees per person, per hour or fraction thereof for labor necessary to abate a public nuisance and/or environmental public nuisance: | |
Operator/driver/labor with CDL | $28 (or current rate) | |
Operator/drive/labor without CDL | $28 (or current rate) | |
Supervisor | $38 (or current rate) | |
Any land filling fees actually incurred to dispose of litter and waste products removed | ||
Any other reasonable fees actually incurred in abating such nuisance. Said statement shall be delivered to the property owner(s) by first class mail. The owner(s) shall pay the amount noted to the town within ten days after receipt, which shall be deposited in the General Fund | ||
(E) Failure to pay. If the owner fails to pay the amount within ten days after receiving the statement, the Town Council may institute action necessary to collect the debt as follows.
(1) A copy of all costs of abatement and correction may be filed in the office of the Auditor of the county by the Clerk-Treasurer of the town for the purpose of placing the amount claimed on the tax, duplicate against the property, so that the amount claimed can be collected as real estate property taxes are collected.
(2) The town may file a complaint for recovery of all costs of abatement and correction, together with attorneys’ fees and court costs in the county courts, together with a complaint for violation of this subchapter.
(Ord. 2014-2, passed - -2014)