§ 94.29 DETERMINATION OF VIOLATION.
   (A)   Violations. Violations under this chapter shall be cited by the Town Manager who is hereby directed to enforce this chapter, or by his designee.
   (B)   Notice to abate. When a complaint addresses private property, the Inspector shall cause a written notice to abate to be served upon the owner of the property in question, granting that owner a minimum of five calendar days in which to remove the environmental nuisance. This notice shall be served by a law enforcement officer, by certified mail to the owner, or by a "notice" placard conspicuously posted on the property which contains the following information: the address of the property, the date of the notice, the address and the telephone number of the office of the Town Manager, and a warning that if the environmental public nuisance is not removed within five calendar days after posting, the town will abate the nuisance and seek recovery of the actual costs involved in the removal of the nuisance. The notice will also contain a short and plain statement of the owner's or occupant's right to object to the notice and the manner and time for making such objection. The Inspector, after posting a notice to abate, shall serve to the owner of the subject property a copy of the notice by regular first class United States mail, postage prepaid, and provided further that any failure to give such written notice shall not constitute a defense to any action to enforce the provisions of § 94.28.
   (C)   Inspection. Following the expiration of the notice to abate, an inspector shall visually inspect the property to determine whether an environmental public nuisance exists. If any environmental public nuisance exists, action shall be taken to abate that nuisance in accordance with this chapter.
   (D)   Abatement by town on governmental property. Where the complaint addresses governmental property, and it is determined by the Inspector that a violation exists and threatens the health and safety of the people of the town, the Inspector may direct the town to immediately enter upon the premises and remove the environmental public nuisance.
   (E)   After an initial notice of violation of this section is provided by certified mail or other service under division (B) above, a continuous abatement notice may be posted at the subject property at that time of abatement instead of by certified mail or equivalent service as required under division (B) above. A continuous abatement notice shall serve as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided maybe abated by the town or its contractors.
(Ord. 1497-07-10, passed 7-21-2010; Am. Ord. 1521-8-12, passed 8-15-2012)