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:
Administration fees
$140.00

(b) The following labor fees per person, per hour, or fraction thereof, for labor necessary to abate an environmental nuisance:
Laborer
$17.00
Truck driver
20.00
Equipment operator
20.00
Heavy equipment operator
20.00
Crew leader
21.25

(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:
Pickup truck
$10.00
Tractor/bush hog
20.00
Backhoe
20.00
Dump truck (single axle)
20.00
Packer
20.00
Loader
25.00
Bobcat or equivalent
20.00

(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).