[Adopted 9-8-2008]
A. 
The Mayor and Council of Middletown have identified a need and find it to be in the public's interest to recover costs incurred by the Town through the enforcement of the Town's adopted property maintenance ordinance (International Property Maintenance Code, Chapter 3, Section 302.4) from commercial and industrial entities regarding grass height and general cleanup of commercial properties in Middletown Town limits.
B. 
The purpose of this article is to protect the health, safety, and welfare of Town residents, individuals employed in or visitors to the Town from excessive accumulation of grass, weeds, or other natural growth, on any improved or unimproved real property in the commercial or industrial zone as defined in the Town of Middletown Zoning Code or on any improved or unimproved real property assessed or taxed as commercial or industrial property.
The Town of Middletown, under the authority and supervision of the Town Manager, is authorized and directed to administer, implement and enforce the violation of the commercial property maintenance ordinance with a fee of $350 per hour, with a minimum one-hour charge required, for grass cutting or other commercial property cleanup.
The following procedure will be followed: When the Town is notified about grass or other natural growth length exceeding 10 inches in the areas described above, through the complaint/notices department or by any other avenue, an exact measurement will be taken and documented by a Town code official. A notice documenting the issue will be sent via certified mail to said owner or person responsible for the parcel in question. Such notice shall contain the requirement that the violation must be fully corrected within five days from the date of receipt of the notice and that in the event the owner fails to do so within the five-day period, the Town shall proceed in cutting or otherwise improving the parcel. If for some reason the certified letter is not received by the owner of said parcel, the Town shall post a notice in a conspicuous place on said property for a period of five days. The Town shall give five days' notice once each calendar year (January 1 through December 31) per parcel and shall proceed, without further notice, to cut the grass and improve the property each time the property is inspected and found to be in violation of this article. The cost thereof, together with any fines and costs, shall constitute a claim against the owner or owners of the lot or parcel of ground and may be collected as any other fine or cost is collected.