(A) In addition to all other remedies, the Town of Winfield may proceed to abate a public nuisance by proceedings in any court of general jurisdiction, including proceedings to abate, to sanction, and to recover costs from the owner, including but not limited to court costs and attorney fees, all in accordance with the provisions in this subchapter.
(B) The Town Clerk-Treasurer, or designee, shall be responsible for the administration of these provisions and regulations. Further, in abating any violations of this subchapter, the town may perform the work required or may contract with and authorize outside contractors to perform the abatement work required.
(C) As to the owner of property in violation of this subchapter, at least a ten-day written notice to remove weeds, rank vegetation, and/or grass shall be issued by the Town Clerk-Treasurer, or designee, and shall be served upon the owner by a town employee or by certified mail, return receipt requested, addressed to the owner’s last known mailing address as indicated in the property records of the Lake County Auditor.
(D) The notice to the owner shall include the following:
(1) The address of the real property;
(2) The date of the notice;
(3) The address and telephone number of the town employee issuing the notice;
(4) A warning that in the event that the weeds, rank vegetation, and/or grass is not removed within a specified period of time after delivery of the notice, the town will abate the nuisance and seek recovery of the actual costs involved in the removal;
(5) A warning that this notice is a “continual abatement notice”;
(6) A statement that the “continuous abatement notice” serves as notice to the property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the town, and that future notices may be posted on the property at the time of further abatement by the town; and
(7) That the owner has ten days to appeal a notice to the Town Clerk-Treasurer.
(E) Upon the failure, refusal or declination of an owner to bring the property into compliance within the time specified in the written notice, in addition to all other available remedies, the town may:
(1) Issue a citation for the violation of this subchapter;
(2) Enter upon the property and cut the weeds, rank vegetation, and/or grass at the expense of the owner; and
(3) Add to the expense of the removal and cutting, an administrative cost of $150.
(F) In the event that the town enters upon the property of the owner after the written notice and abates the nuisance, then within 30 days after doing so, or as soon thereafter as practicable, the town shall send the owner a bill for the actual costs incurred by the town in abating the nuisance violation plus the town’s administrative cost. The bill shall require payment within 30 days of the bill issuance and advise the owner of the right to appeal the bill to the Town Clerk-Treasurer within seven days of the bill issuance.
(G) Upon receipt of a notice to abate or bill, the owner may notify the Town Clerk-Treasurer of any objection to the notice to abate or bill. This objection communication shall be in writing to the Town Clerk-Treasurer and shall specify the street address, legal description of real property involved, and reason for objection to the notice to abate or bill. Any such correspondence must be received by Town Clerk-Treasurer within the amount of time set out in the notice to abate or bill.
(H) Upon receipt of such objection correspondence, the Town Clerk-Treasurer shall cause the objection to be investigated. No further action shall be pursued against that owner to abate the nuisance or pay the bill for abatement until resolution of the objection thereto. The Town Clerk-Treasurer shall notify the owner of the final written decision on the objection by first class mail and the decision of the Town Clerk-Treasurer shall be final.
(Ord. 73B, passed 6-26-2012) Penalty, see § 10.99