| | | 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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