1989 ORD 0-5-89_Amend Title 3_Refuse Abatement

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23.037 — 23.038 PUBLIC M110RALS, SAFETY AND WELFARE abatement charges. The appeal procedure shall be essentially the same as Section 23.034 of this chapter, and the Appeal Board's decision shall be conclusive. (c) CANCELLATION OF CLAIM. All or any portion of any such special assessment, penalty, or costs heretofore entered, shall on order of the Board of Appeals be cancelled by the Auditor if uncollected, or, except in the case provided for in subdivision (5) hereof, refunded by the County Treasurer if collected, if it or they were entered, charged or paid: (1) More than once: (2) Through clerical error: (3) Through the error or mistake of the Board of Appeals or of the officer, board or commission designated by them to give notice or to destroy the weeds, in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows the County abated the weeds but such is not the actual fact: (4) Illegally; (5) On property acquired after the lien date by the State of by any county, city, school district or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes. (d) PROCEDURE FOR REFUND OF PAYMENT. No order for a refund under the foregoing section shall be made except on a claim: (1)' Verified by the person who paid. the special assessment, his guardian, executor, or administrator: (2) Filed within three (3) years after making the payment sought to be refunded. The provisions of this section do not apply to cancellations. 23.037 Violation. It shall be a misdemeanor for any person, natural or corporate, owning, possessing, or controlling; any premises to fail to perform the duty set forth in Section 23.031 of this chapter, or to -fail to comply with the requirements in the Notice to Remove set forth in Section 23.033 of this chapter, or to interfere with the performance of the duties herein specified for any of the officers named in this chapter or their deputies, or to refuse to allow any such officers or their deputies or employees. or approved private contractors, to enter upon any premises for the purpose ol' removing any offending weeds or other material hereinhef*ore described, or to interfere in any manner whatever with said ol'ficers in the work of removal herein provided. 23.038 Penalty for Violation. Any per<on, firm. conip.my, or corporation violating any of the provisions ol' Ihis ihapter Miall he deemed gullly of a misdemcanur and upon arrest and conviOion shall he punished by a tine of not in excess of Dive hundred dollars (5500.00) and imprisonment of not more than ninety (90) days, or holh. 11/31/791 2 - 38