If any property owner fails to remove the growth of nuisance vegetation on his, her, their or its real estate within the time period allowed by the ten-day notice described in § 92.05 of this chapter, the town may remove, or cause to be removed, such vegetation. In such an event, the Code Enforcement Officer shall make a certified statement (“statement”) of the actual and associated costs incurred by the town in connection with the removal of such vegetation. Such costs will include an administration fee of $50 for the enforcement of this subchapter for deposit into the General Fund, which administrative fee shall be paid to the town’s Clerk-Treasurer. For repeat violations, the administrative fee shall be increased in increments of $25 per violation, per calendar year. For each violation of this subchapter, the statement prepared by the Code Enforcement Officer shall be delivered by the Code Enforcement Officer by certified mail, addressed to the property owner at the address published in the office of the Assessor of the county and by posting such written notice at the real estate. The violating property owner shall pay the amount, set forth on the statement to the town’s Clerk-Treasurer within ten days after his, her, its or their receipt of such statement. If the violating property owner fails to pay the amount set forth on such statement within ten days after the issuance of such statement, a certified copy of the statement shall be filed in the office of the Auditor of the county to become a lien on the subject real estate and collected as delinquent taxes on such real estate. If a violating property owner wishes to dispute the violation giving rise to the issuance of the written notice of violation, said violating property owner shall inform the town’s Clerk-Treasurer within ten days after his, her, its or their receipt of such written notice or statement. Thereafter, the town’s Clerk-Treasurer shall take all necessary steps to cause the Town Attorney to initiate court proceedings in a County Superior Court or the Gas City Court for purposes of resolving such dispute.
(Ord. 2019-3, passed 8-20-2019)