(A) Abatement by town. If, upon reinspection, it is determined by the authorized individual that abatement has not occurred, or if vegetation of a height of eight inches or more is present on a property in the same calendar year in which the town previously abated a violation of a similar nature on that property, then the Town Council, or its designee, may enter upon the premises and abate the environmental public nuisance. The recipient shall be liable for the costs of abatement. After abatement is completed, the department shall, either by personal service or first class United States mail, postage prepaid, send the recipient a bill for the costs of abatement.
(B) Responsibility of occupant or owner for costs of abatement. As reimbursement to the town for its costs, the recipient shall, within ten days of the date of the bill, pay to the town the following fees and charges:
(1) Any disposal fees actually incurred to dispose of litter and waste products removed;
(2) Any other reasonable fees actually incurred in abating an environmental nuisance; and
(3) Administrative, labor and equipment fees may be changed or established by ordinance or amendment, as necessary to assure that such fees are adequate to reimburse the town.
(C) Hearing. A recipient may request in writing an informal hearing before the Town Council, to dispute the existence of a violation and/or the accuracy of all or part of the costs of abatement billed. Upon receipt of a hearing request, the Town Council shall not take abatement action until after the Town Council notifies the recipient of his or her decision. After such hearing, the Town Council, shall determine the existence of a violation and/or the accuracy of all or part of the abatement costs billed and shall notify the recipient of any amounts due to the department. The decision of the town shall be final.
(D) Civil action to recover costs of abatement. Upon the failure of the recipient who was sent the notice of violation and bill to pay the appropriate fees and charges within the ten-day period, the Town Council may bring a civil action in court against such recipient to recover the amount billed, plus reasonable attorney's fees and court costs.
(E) Further penalty. Any owner or occupant found in violation of this subchapter may be fined not more than $100 for each violation. Each day such violation is permitted to continue shall constitute a separate violation. A previous violation may be considered in determining the penalty assessed. A finding that a violation has occurred or an admission that a violation has occurred is not required to assess and recover a penalty, if the recipient subject to the penalty agrees to pay the penalty, pursuant to either an agreed judgment or consent decree in a court action for an ordinance violation.
(1) A recipient may be fined not more than $250 for each repeat violation. Each day such repeat violation is permitted to continue shall constitute a separate violation under this division.
(2) The town may publish a list of the names of owners and occupants who have been cited for a repeat violation under this subchapter, and the addresses of the affected properties. The Town Council shall determine the frequency of publication.
(F) Variance. An owner or occupant may submit a written request for a variance to the Town Council, if compliance with this chapter will cause undue hardship to such owner or occupant without a sufficient corresponding benefit to the health or safety of the public. To receive consideration, such request must be received prior to the time the town abates the environmental nuisance on the property. Upon receipt of a request, the Town Council shall schedule a hearing and notify the owner or occupant of the time and place. At least ten days prior to the hearing, the owner or occupant shall notify in writing the owners and occupants of all property within 150 feet of the property for which the variance is requested. The notice shall state the location of the property for which the variance is requested, the nature of the variance requested, and the time and place of the hearing. At the hearing, the owner or occupant requesting the variance, representatives of the town, representatives of state or local governmental health authorities, and any person affected by the proposed variance may present evidence. After the hearing, the Town Council may grant or deny the request. The decision of the Board shall be final. Within ten days of the decision, written notice of the Town Council's decision shall be given to the owner or occupant who requested the variance.
(G) Other rules and regulations. The Town Council may, by resolution, promulgate rules and regulations necessary to implement and carry out the provisions of this subchapter.
(Ord. 4 of 2018, passed 6-11-2018)