(A) In any case where a nuisance may be found to exist, it shall be the duty of the Code Enforcement Officer appointed by the Town Council, or any law enforcement officer, to serve notice on the owner or occupant of the premises and any other person having a substantial property interest in the premises where such nuisance exists, or any other persons causing such nuisance, to abate such nuisance within a reasonable time period. In determining such reasonable time, the Council, Code Enforcement Officer and/or law enforcement officer shall take into consideration the degree of threat to the public health, safety, and welfare, and the means required to abate such nuisance. This notice may take the form of a written letter, or a uniform code and ordinance violation notice.
(B) In the event that the notice takes the form of a written letter, it shall not be necessary for the Council and/or Code Enforcement Officer to designate in this notice the manner in which any nuisance shall be abated unless the Council and/or Code Enforcement Officer shall deem it advisable to do so. However, the Council and/or Code Enforcement Officer shall indicate in such notice the date within which the nuisance must be abated.
(C) If the nuisance is not satisfactorily abated in the time allowed by such notice, or in the case of emergency, the Council may cause such nuisances to be abated in any manner authorized by law, including the institution in the name of this town of an action therefor against the owner, occupant, or other persons for the recovery of the amount of expense of such abatement, including reasonable attorney fees and other legal expenses involved.
(D) As an additional remedy (if allowed by law), the Council shall notify the Clerk-Treasurer of the cost of abating any nuisance. The Clerk-Treasurer shall notify the owner, occupant, or other person against whom the abatement proceedings were brought as to the cost of the abatement; and if the cost is not paid by the owner within 30 days, the proper officers of the town shall proceed to collect the same either by causing the cost to be placed on the tax duplicate regarding the property or by suit.
(E) Requirement for service of notice under the provisions of divisions (A), (B) and (D) above may be complied with by mailing the notice to the person sought to be notified, or by personal service of the notice by any police officer.
(1996 Code, § 70.06) (Ord. 481, passed 1-23-1993; Ord. 2002-06, passed 6-5-2002; Ord. 2002-09, passed 8-7-2002; Ord. 2020-11, passed 12-2-2020)