LD 1367
pg. 9
Page 8 of 11 An Act To Amend the Laws Regarding Junkyards, Automobile Graveyards and Automob... Page 10 of 11
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LR 1388
Item 1

 
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.

 
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:

 
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;

 
B.__File a lien on real estate where the junkyard,
automobile graveyard or automobile recycling business is
located; or

 
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.

 
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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