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Where private property use has been modified so that an existing curb cut is no longer needed or where provisions do not permit curb cuts at existing locations, the town engineer, for the promotion of traffic safety and public convenience, may require the abutting property owner to replace the curb at his expense as follows:

A. The town engineer shall order the abutting property owner to replace the curb stating the reason.

B. The owner shall either protest and show cause in writing why the curb should not be replaced within thirty days or commence the work within sixty days.

C. The protest shall be reviewed by the mayor and council, who may uphold the town engineer or revoke or modify his order.

D. If the abutting owner fails to comply with the order, the town may do the work and bill the owner for the total charges of the work. The town may assess a lien on the subject property for the total charges including permit fees, inspection fees, attorney’s fees and court costs for any bill which remains unpaid for a period of thirty days.