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A. In the event the landowner fails to comply with the director's notice as described in section 5-11-7 of this chapter, the town has the authority to provide for and complete the removal by obtaining and acting on an abatement order.

B. Upon the expiration of the period of notice, or at any time thereafter if the required action has not taken place, the town may apply to the municipal court for an abatement order.

C. An application for an abatement order shall be accompanied by an affidavit affirming that:

1. The director has determined that the subject property has one or more trees infested with mountain pine beetle;

2. The director has complied with the notice requirements of section 5-11-7 of this chapter;

3. The landowner has not disputed the director's determination that the subject property has one or more trees infested with mountain pine beetle; or that the owner has disputed the director's determination and that the parties have met without being able to resolve the dispute; and

4. The landowner has failed to either remove the beetle infested trees or to submit an acceptable plan and schedule for removal of the beetle infested trees within the required time.

D. The town shall give notice to the landowner of the property of its application for an abatement order either by certified mail or by personal service of the notice.

E. The notice of application for an abatement order shall include a copy of the town's application and its affidavit in support thereof, as well as the date, time, and place at which the town will appear before the municipal court to request entry of the abatement order.

F. At the stated time, date, and place, the municipal court judge shall review the town's application for an abatement order, the affidavit, any statement of the town offered in support thereof, as well as any statement and evidence presented by the owner or occupant, if present.

G. If the municipal judge determines that:

1. The subject property has one or more trees infested with mountain pine beetle;

2. The director has complied with the notice requirements of section 5-11-7 of this chapter; and

3. The landowner has failed to either remove the beetle infested trees or to submit an acceptable plan and schedule for removal of the beetle infested trees within the required time,

the municipal court judge is authorized to enter an order permitting the town to enter upon the property, remove the beetle infested trees, and recover its costs as provided in subsection I of this section.

H. In case of an emergency involving imminent danger to public health, safety or welfare, the town may authorize immediate removal of any beetle infested tree without notice or abatement order.

I. The landowner shall be assessed twice the whole cost of removal of the beetle infested trees from the property, including administrative fees. If all of the costs and charges incurred by the town are not paid within thirty (30) days of the date of the assessment, the unpaid costs shall be certified to the Summit County treasurer for collection in the same manner as real property taxes.

J. Proceedings brought by the town pursuant to this section are civil in nature and are not the exclusive remedy for a violation of this chapter. Nothing in this section shall preclude the filing of a summons and complaint in the municipal court against a person alleged to have violated any provision of this chapter. (Ord. 13, Series 2010)