A. Required. Whenever landscaping is or has been required in accordance with the provisions of this title or any addition or amendments to this title, or in accordance with the provisions of any previous code or ordinance of the town, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required. Dead or dying shrubs or trees shall be replaced or removed within 60 days and the planting area shall be maintained reasonably free of weeds and trash.

B. Notice of Violation. The mayor or his designated representative is hereby authorized and empowered to notify the owner of any property required to be landscaped, or the agent, tenant, lessee or assignee of any such owner, that the landscaping is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which the maintenance must be accomplished, and shall be sent by certified mail, addressed to the owner at his last known address.

C. Action upon Noncompliance.

D. Charge for Maintenance by Town to Be Included in Utility Bill. When the town has performed landscape maintenance or has paid for such maintenance, the actual cost thereof, plus accrued interest at the rate of eight percent per annum from the date of the completion of work, if not paid by such owner prior thereto, may be charged to the owner of such property on the next regular utility bill forwarded to such owner by the town, and if so charged shall be due and payable by the owner at the time of payment of such bill.

E. Lien for Payment of Charges. If the full amount due the town is not paid by such owner within 30 days after performance of the maintenance as provided for in subsection C of this section, then, in that case, the mayor (or the mayor’s designated representative) may cause to be recorded in the office of the town clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the legal description of the property on which the work 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 court costs if any, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of utility payments and further shall be subject to a delinquent penalty of eight percent per annum if the costs and expenses are not paid in full on or before the date the utility bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions of this subsection shall be prima facie evidence that all legal formalities have been complied with and that the work 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 charge is due and collectible as provided by law.

F. Alternative Methods of Collection of Charges. In addition to or in lieu of the provision of subsections D and E of this section, the town may, at its option, commence a civil action in any court of competent jurisdiction to collect for any charges incurred by the town for performance of maintenance as provided in subsection C of this section. [Ord. 378 § 2 (Exh. 1), 1999.]