(A) Abatement by town.
(1) In the event of the following, the town may cause such nuisance to be abated forthwith by cutting, removing or destroying same, in as many instances as may be necessary for continual abatement of the nuisance, may cause a complaint to be filed against such owner in the Municipal Court for violation of provisions of this subchapter, or both:
(a) No hearing shall have been requested as provided for in this subchapter;
(b) The town, or Town Board of Trustees, after such hearing, shall have ordered such nuisance to be abated as aforesaid; and
(c) Such nuisance shall not have been abated within the respective period specified.
(2) To effect abatement, the town may cause the nuisance to be abated by employees for the town or, in the alternative, the town may prepare appropriate specification, advertise for bids and award a contract for such abatement to the lowest and best bidder. The cost of abating such nuisance, in each and every instance where it is abated, shall be borne by the property owner and shall be assessed as hereinafter provided.
(3) If the town causes property within the municipal limits to have its weeds or grass cut or mowed, any subsequent accumulations of excessive weed or grass growth on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without prior notice to the property owner. At the time of each summary abatement, the town shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within ten days after the date of mailing the notice. The notice and hearing shall be as provided for in § 91.49 of this chapter.
(4) Immediately following the cleaning of the property, the town shall file a notice of lien with the County Clerk describing the property and the work performed by the municipality, and stating that the municipality claims a lien on said property for the cleaning cost or bill the program.
(Prior Code, § 8-407)
(B) Collection of town’s costs.
(1) When the owner of the property upon which the nuisance is located has failed or refused to abate said nuisance, the town shall cause said nuisance to be abated either by employees for the town or, in the alternative, by the contractor who has submitted the lowest and best bid for such work. The actual and necessary cost required to be expended by the town together with such administrative expense for mailing of notices and the like, said administrative expenses not to exceed the amount established in the general schedule of fees, and the total of said costs shall be certified to the office of the town, who shall be responsible for all of said costs to the property owner.
(2) If payment is not made within 30 days from the date of the mailing of the statement, thetown shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located and such costs shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the town. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the County Treasurer.
(Prior Code, § 8-408)
(Ord. 98-11-1, passed 11- -1998)