A. Whenever any person creating, causing, committing or maintaining a public nuisance, as referred to in Section 1.02.050 of this Chapter, or other public nuisance, as defined under State law or other ordinance or regulation, has been given notice, by or on behalf of the Town Attorney or by any other Town officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses or neglects to comply with the notice within the time specified therein, or if such a time is not specified, taken within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the Town for any and all costs and expenses to the Town involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.
B. Costs and expenses as referred to in subsection A of this Section may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorney fees, claims against the Town arising as a consequence of the nuisance or violation, and procedures associated with collecting monies due hereunder.
C. The provisions of subsection A of this Section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D. The liability of any person for the payment of the costs and expenses, not to exceed one hundred dollars ($100.00), provided for in subsection A of this Section, may be waived in whole or in part by the Town Attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the Town Attorney in this regard shall be final and conclusive.
E. Monies due to the Town pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in California Government Code sections 39574 et seq., relating to weed abatement assessments. (Ord. 3, 11-27-1991)