| | 3.__Penalties.__Violations of this subchapter are subject to | the penalty provisions of section 4452; Title 17, sections 2264-A | and 2264-B; or Title 17, chapter 91.__Each day that the violation | continues constitutes a separate offense. |
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| | 4.__Abatement.__If the municipality is the prevailing party in | an action taken pursuant to the provisions of this Title or Title | 17 as outlined in subsection 2 and the violator does not complete | any ordered correction or abatement in accordance with the | ordered schedule, the municipal officers or designated agent may | enter the property and may act to abate the site in compliance | with the order.__To recover any actual and direct expenses | incurred by the municipality in the abatement of the nuisance, | the municipality may: |
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| A.__File a civil action against the owner to recover the | cost of abatement, including the expense of court costs and | reasonable attorney's fees necessary to file and conduct the | action; |
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| B.__File a lien on real estate where the junkyard, | automobile graveyard or automobile recycling business is | located; or |
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| C.__Assess a special tax on real estate where the junkyard, | automobile graveyard or automobile recycling business is | located.__This amount must be included in the next annual | warrant to the tax collector of the municipality, for | collection in the same manner as other state, county and | municipal taxes are collected.__Interest as determined by | the municipality pursuant to Title 36, section 505 in the | year in which the special tax is assessed accrues on all | unpaid balances of the special tax beginning on the 60th day | after the day of commitment of the special tax to the | collector.__The interest must be added to and becomes a part | of the tax. |
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| | 5.__Revocation or suspension of permit.__Violation of any | condition, restriction or limitation inserted in a permit by the | municipal officers or county commissioners is cause for | revocation or suspension of the permit by the same authority that | issued the permit.__A permit may not be revoked or suspended | without a hearing and notice to the owner or the operator of the | automobile graveyard, automobile recycling business or junkyard.__ | Notice of hearing must be sent to the owner or operator by | registered mail at least 7 but not more than 14 days before the | hearing.__The notice must state the time and the place of hearing | and contain a statement describing the alleged violation of any | conditions, restrictions or limitations inserted in the permit. |
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