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Written notice will be served in the following manner.
(A) In determining the name and mailing address, any records available to the town may be used. The Town Mayor or designee shall then serve written notice as provided herein.
(B) If the owner occupies the real property where the violation has occurred, notice may be made personally or mailed to such owner’s last known address by first-class United States mail.
(C) If the owner does not occupy the real property where the violation has occurred, notice will be mailed to such owner’s last known address by first-class United States mail.
(D) Any notice is deemed complete by deposit into the United States Postal Service of a return receipt requested mailing to said address.
(Ord. 2021-01, passed 5-12-2022)
(A) The deadline to correct the violation may be suspended if the owner presents a plan for addressing the violation to the Town Council. The owner may contact the Town Clerk-Treasurer and request to be added to the agenda of the next Town Council meeting.
(B) (1) In the event the owner disagrees with a notice of violation, the owner may appeal the violation notice to the Town Council within ten days of the date of the written notice. Such appeal must be in writing and include specific reasons why the violation notice is not accurate or why the owner is unable to comply with the provisions of this subchapter.
(2) For good cause, or in cases of extreme hardship, the Town Council may make a determination that the provisions of this subchapter should not apply to a particular property.
(3) The decision of the Town Council is final, subject only to judicial review.
(Ord. 2021-01, passed 5-12-2022)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person or persons who shall violate § 91.15 of this code shall be deemed guilty of committing a nuisance and, upon conviction thereof, shall be fined in any sum not less than $5 and not more than $100. A continued violation of § 91.15, after reasonable notice from the Town Marshal to remove the same, shall subject the offender to a separate prosecution for each 24 hours such failure continues, and under the same penalty provided in this division (B).
(Prior Code, § 8.08.020)
(C) A person, on conviction of a nuisance as set out in § 91.16 of this code, shall be punished by a fine of not less than $5 nor more than $50.
(Prior Code, § 8.08.030)
(D) A person, on conviction of a nuisance as set out in § 91.17 of this code, shall be punished by a fine of not less than $5 nor more than $50.
(Prior Code, § 8.08.040)
(E) A person, on conviction of a nuisance as set out in § 91.18 of this code, shall be fined a sum of not less than $5 nor more than $50; the continuance of the same for every day after being notified by the town officer to abate the same shall be regarded as a separate offense, to be punished by a like fine.
(Prior Code, § 8.08.050)
(F) As set out in § 91.19 of this code, every person, on conviction, shall be fined therefor not less than $5 nor more than $100.
(Prior Code, § 8.08.090)
(G) In accordance with § 91.20 of this code, the minimum fine for the first offense shall be $50, with a maximum fine of $250 for subsequent offenses.
(H) A person, upon conviction of a nuisance as set out in § 91.21 of this code, shall be fined in a sum of not less than $5 nor more than $50.
(Prior Code, § 8.08.060)
(I) A person, upon conviction of a nuisance as set out in § 91.22 of this code, shall be fined in any sum not less than $2 nor more than $25.
(Prior Code, § 8.08.080)
(J) A person, upon conviction of a nuisance as set out in § 91.23 of this code, shall be fined not less than $10 nor more than $100.
(Prior Code, § 8.08.070)
(K) A person, upon conviction of a nuisance as set out in § 91.24 of this code, shall be fined in a sum of not less than $5 nor more than $25.
(Prior Code, § 8.08.100)
(L) Any person, persons or corporation violating § 91.25 of this code shall be deemed guilty of committing a nuisance and shall, upon conviction, be fined in any sum not less than $5 nor more than $100, and also, the costs of action.
(Prior Code, § 8.08.010)
(M) Violations of §§ 91.60 through 91.69 of this code shall be declared a public nuisance, and each day the civil infraction continues is deemed to be a separate and punishable civil offense. Violations shall be punishable by a civil penalty not to exceed $300. If the violation is an ongoing offense, the violation will be punishable by an additional civil penalty, not to exceed $50 per day, for each additional day the violation continues.
(Ord. 7, passed - -1915; Ord. 27, passed - -1915; Ord. 70, passed - -1939; Ord. 2014-01, passed 6-5-2014; Ord. 2021-01, passed 5-12-2022)