§ 168-5. Removal of litter by Town; costs.  


Latest version.
  • A. 
    Notice to remove. The Town Manager or his authorized representative is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town or the agent of such owner to properly dispose of litter or refuse located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.
    B. 
    Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare within five days after receipt of written notice provided for in Subsection A above, or within five days after the date of such notice in the event that the same is returned to the Town Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Town Manager or his authorized representative is hereby authorized and empowered to arrange for the removal of such litter or refuse.
    C. 
    Recorded statement constitutes lien. Upon completion of the removal of said litter and/or refuse, the Town Manager shall determine the reasonable cost thereof and bill the owner or his agent therefor. Upon failure of the owner or his agent to remit to the Town the amount of such reasonable cost within 30 days from the date of said removal, the Town Manager or his authorized representative shall cause to be recorded in the land records of the Town a sworn statement, showing the cost and expense incurred for the removal, the date the removal was done and the location of the property on which said removal was done. The recording of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of collection, until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the removal has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.