(A) Where, upon inspection, reasonable cause is found to believe that a nuisance exists, the enforcement authority shall issue a written abatement notice.
(B) Abatement notices shall be served upon all known holders of substantial property interest in the real estate upon which the nuisance is alleged to exist. If the resident of occupant of the premises is not the owner of record of the real estate, the enforcement authority is authorized to serve the owner of record as shown in the records of the County Auditor in addition to other known holders of substantial property interests, including the resident, or occupant.
(C) The abatement notice must contain:
(1) The name of the person to whom the order is issued;
(2) The legal description or address of the real estate where the nuisance is located which is the subject of the notice;
(3) The action that the notice requires. The ordered action must be reasonably related to abatement of the conditions constituting the nuisance;
(4) The period of time within which the action ordered is required to be accomplished, measured from the time when the abatement notice is served. The time allowed must allow a sufficient time, or at least 48 hours from the time the abatement notice is served, to accomplish the required action. If the notice allows more than 30 days to accomplish the action, the notice may require that a substantially beginning be made in accomplishing the action within the initial 30 day period following service of the notice;
(5) A statement that the order becomes final ten days after notice is served, unless a hearing is requested in writing by the owner of record, the tenant or occupant, or by a person holding a substantial property interest in the private premises upon which the nuisance is alleged to exist. The request for a hearing must be served upon the town prior to the expiration of the ten-day calendar day period;
(6) A brief statement indicating what action can be taken by the town if there is non-compliance with the orders contained in the abatement notice; and
(7) The name, address and telephone number of the enforcement authority.
(D) Service of abatement notices shall be made by any of the following means:
(1) Sending a copy of the notice by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt request;
(2) Delivering a copy of the notice personally to the person to be notified;
(3) Leaving a copy of the notice at the dwelling or usual place of abode of the person to be notified;
(4) Posting a copy of the notice in a prominent place upon the premises where the nuisance is located; and
(5) If, after a reasonable effort, service cannot be obtained by any of the means described above, service may be made by publishing the notice in a newspaper of general circulation in the county in which the property subject to the notice is located. Publication shall be made one time.
(E) When service is made by any of the means described in this section, except by mailing or by publication, the person making service must make an affidavit stating that he has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. When service is made by mailing, proof of service will be evidenced by the post service return receipt signed by the recipient. Where service is made by publication, service shall be evidenced by the publisher's affidavit.
(Ord. 2015-30, passed 10-26-15)