§ 14-28. Assessment of costs of abatement.

(a)

Public premises. The entire cost of abating any public nuisance or spraying any elm tree, or part thereof, when done at the direction of the public works director shall be borne by the town as to any growth, tree or shrub located upon property owned by the town. The abating of a public nuisance or spraying elm trees or elm wood located upon a terraced strip between the lot line and the curb shall be considered private property.

(b)

Private premises. The cost of abating a public nuisance or spraying diseased trees located on private premises when done at the direction and under the supervision of the public works director shall be assessed to the property on which such nuisance, tree or wood is located as follows:

(1)

The public works director shall keep a strict account of the cost of such work or spraying and the amount chargeable to each lot or parcel and shall report such work, charges, description of lands to which charged and names and addresses of the owners of such lands to the town board on or before October 15 of each year.

(2)

Upon receiving the public works director's report, the town board, or a designated standing committee thereof, shall hold a public hearing on such proposed charges, giving at least 14 days' advance notice of the time, place and purpose of such hearing to interested persons by publication in a newspaper of general circulation in the municipality and by mail to the owner of each property proposed to be charged. Each property owner shall be notified of the amount proposed to be assessed against his premises and the work for which such charge is being made.

(3)

After such hearing, the town board, or a designated standing committee thereof, shall affirm, modify and affirm or disapprove such assessments by resolution and shall cause a copy thereof to be published. Upon adoption and publication of such resolution, assessments made thereby shall be deemed final.

(4)

The town clerk-treasurer shall mail notice of the amount of such final assessment to each owner of property assessed at his last-known address, stating that, unless paid within 30 days of the date of the notice, such assessment will be entered on the tax roll as a tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such assessment.

(5)

The town hereby declares that, in making assessments under this section, it is acting under its police power, and no damages shall be awarded to any owner for the destruction of any diseased or infested tree or wood or part thereof.

(Prior Code, § 6-5-6)