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A. Abatement Required, Penalty: Any person receiving a notice of a public nuisance, as provided herein, shall comply with the provisions of the notice and shall abate each such nuisance identified within ten (10) days after receipt of the notice. If such person shall fail or refuse to abate such nuisance within ten (10) days after the receipt of notice without just cause, such failure is declared to be unlawful and shall constitute a misdemeanor punishable by an assessment or fine of twenty five dollars ($25.00) for each separate violation. Each day such nuisance persists and continues shall constitute a separate violation.
B. Action Upon Failure To Abate: In the event of a public nuisance as defined in Section 3-2-1 of this Chapter, of which notice has been given and which remains unabated for more than ten (10) days, the Mayor or his representative is granted the authority to: 1) issue a citation for the nuisance for each day the nuisance is not abated; or 2) may abate the nuisance and the cost of abatement may be charged to the owner of the nuisance or assessed against the land upon which the nuisance exists, or both; provided however, that if a proper request for hearing is filed, abatement shall only proceed upon resolution or order of the Town Council or hearing examiner. Prosecution of a citation for the nuisance however, may be enforced by the Town Attorney through the Municipal Court at any time.
C. Voluntary Consent To Remove: The owner of any property against which a nuisance under this Chapter has been claimed, may voluntarily consent to the abatement of the nuisance by the Town. In order to give such consent, all owners of the property shall execute an affidavit in a form acceptable to the Town Attorney, stating that there are no other owners of the property, or lien holders having a security interest in the property; that the owners will reimburse the Town for the actual costs of abatement or such other costs as are established by the Town Council for such abatement; and that such reimbursement will be made to the Town within thirty (30) days of abatement. Such affidavit shall constitute a statement by the owners signing the affidavit that they will indemnify the Town for any loss or expense alleged by any other party as a result of abatement or disposal. The execution of such affidavit shall also release the Town. (Ord. 93-09, 10-5-1993)