Title 6 HEALTH AND SANITATION*
Chapter 6.03 ENVIRONMENTAL PUBLIC NUISANCES
6.03.060 Failure to abate after notice; abatement by the town.
(a) Abatement by the town. If, upon reinspection, it is determined by the
authorized employee that abatement has not occured, then, the authorized
employee or any person authorized by the town or authorized employee to abate
the nuisance, 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 authorized employee shall submit a bill for the
costs of the abatement to the clerk-treasurer of the town (the
“clerk-treasurer”). The clerk-treasurer shall then, 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.
(i) Abatement costs. As reimbursement to
the town for its costs, the recipient shall, within ten (10) days of the date of
the bill, pay to the clerk-treasurer the following fees and charges:
(a) The
following administrative fees for such administrative tasks as inspecting the
property to determine compliance, determining ownership and preparing and
mailing notices:
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Administration fees
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$140.00
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(b) The following labor fees per person, per hour, or fraction
thereof, for labor necessary to abate an environmental nuisance:
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Laborer
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$17.00
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Truck driver
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20.00
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Equipment operator
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20.00
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Heavy equipment operator
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20.00
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Crew leader
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21.25
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(c) The following equipment fees per machine, per hour, or fraction
thereof, for the use of each piece of equipment necessary to abate an
environmental nuisance:
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Pickup truck
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$10.00
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Tractor/bush hog
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20.00
|
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Backhoe
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20.00
|
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Dump truck (single axle)
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20.00
|
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Packer
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20.00
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Loader
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25.00
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Bobcat or equivalent
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20.00
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(d) Any disposal fees actually incurred to dispose of litter and waste
products removed.
(e) Any other reasonable fees actually incurred in abating
an environmental nuisance.
(f) Administrative, labor and equipment fees may
be changed by regulation of the town council of the town as necessary to assure
that such fees are adequate to reimburse the town.
(ii) Hearing-Violation
complaint. A recipient may request in writing, within ten (10) days after
receipt of notice of violation, an informal hearing to dispute the existence of
a violation or the accuracy of all or part of the costs of the abatement billed.
The written request to dispute the existence of a violation must be filed with
the office of the police chief of the town with a copy to the clerk-treasurer.
The written request to dispute the accuracy of all or part of the costs of
abatement billed must be filed with the Speedway street department with a copy
to the clerk-treasurer. Upon receipt of a hearing request, the appropriate
department shall not take abatement action until after the authorized hearing
officers or his/her designees notify the recipient of his or her decision. If
the dispute deals with the existence of a violation, then the hearing shall be
conducted by the town council member who acts as a liaison to the Speedway
police department (or his/her appointee) and an enforcement officer of the
Speedway police department. If the dispute deals with the accuracy of the costs
of the abatement billed, then the hearing shall be conducted by the town council
member who acts as a liaison to the Speedway street department (or his/her
appointee) and an authorized officer of the Speedway street department. After
such hearing, there shall be a determination of whether there exists a violation
or a cost dispute and the recipient shall be notified. The decision of the
hearing officers or his/her appointees shall be final.
(iii) Unpaid costs
become lien upon affected property; perfecting of lien. Upon the failure of the
owner who was sent a notice of violation and bill to pay the appropriate fees
and charges within the ten-day time period, the clerk-treasurer’s office
of the town shall have a lien upon the property on which the environmental
public nuisance was abated for the amount billed in accordance with the fee
schedule listed above. (Ord. 980 § 1 (part), 2002: Ord. 947 (part),
2001).
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