(A) If the Director determines that there is an encroachment onto a stream tract in violation of this chapter, the Director shall provide written notice of the violation by certified U.S. mail, return receipt requested, to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner’s last known address.
(B) The notice shall:
(1) Advise the owner of the nature of the unlawful encroachment;
(2) Advise the owner of town approved methods for the removal of the encroachment and any rehabilitation required to restore the stream tract to its natural condition; and
(3) Advise the owner that the encroachment shall be removed and the stream tract restored to its natural condition completed within 45 days following the date of the notice, or such longer time as stated in the notice.
(C) If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within 45 days of the date of the notice. If a timely notice of dispute is given, the town shall not proceed with abatement until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with the owner and is unable to resolve the dispute, and the owner fails to comply with the notice as described above, the town may proceed with abatement pursuant to § 5-14-7 of this chapter.
(Ord. 6(2015) § 1)