(A) In any case where any nuisance may be found to exist by the Town Council, it shall be the duty of the Town Marshal, at the direction of the Town Council, to serve notice upon the owner of the premises where the nuisance exists and upon any other person so causing the nuisance, to abate the nuisance within 30 days of the notice.
(B) If the owner and the other person served with a notice to abate the nuisance shall refuse or neglect to abate the nuisance within the designated time:
(1) The person or persons shall be subject to the remedies provided in § 93.55 of this code;
(2) In addition thereto, the Town Council may remove or cause to be removed or do or cause to be done other acts as are necessary and reasonable to abate the nuisance, and the Town Clerk- Treasurer shall make a certified statement of the actual cost incurred by the town in this removal, which statement shall be delivered to the owner of the real estate by the Town Marshal, or by registered mail, or where appropriate under division (C) hereof, by publication, and the owner shall have not more than ten days within which to pay that amount to the Clerk-Treasurer of the town. If the owner fails to pay the sum within the time prescribed, a certified copy of the statement of costs shall be filed in the Auditor’s office of the county wherein the real estate is located, and the Auditor shall place the amount so claimed on the tax duplicate against the real estate of the owner affected by the work, and the same shall be collected as taxes are collected or the costs may be collected by suit; or
(3) The Town Council may cause the nuisance to be abated in any manner authorized by law, including the institution in the name of the town against the owner, occupant, or other person, of an action therefor and for the recovery of the amount of expense of the abatement.
(C) The requirement for service of notice under the provisions of this section may be complied with by the mailing of the notice to the person or persons sought to be notified; provided, however, that when the owner is unknown, notice shall be to the person or persons in whose name or names the real estate taxes on the real estate are shown of record in the office of the Auditor of the county wherein the real estate is located, by registered or certified mail to the last known address of the person or persons sought to be notified, or by personal service of the notice by the Town Marshal, or when the address of the person or persons is unknown, by publication of the notice once each week for three consecutive weeks in a newspaper of county-wide circulation, published in the county wherein the real estate is located.
(Ord. 2-1965, passed 4-10-1965) Penalty, see § 10.99