§ 80.07  NOTICE OF EXISTENCE OF NUISANCE; SUMMARY ABATEMENT.
   (A)   Notice of existence and opportunity to abate nuisance.
      (1)   Upon a determination that a public nuisance as described in this chapter exists, the code enforcement officer shall notify in writing the property owner and, to the extent actually known to the code enforcement officer, any other responsible person of the condition constituting the public nuisance and shall order the prompt abatement thereof.
      (2)   The notice of violation shall notify the recipient of the following:
         (a)   That condition(s) exist on the property which constitute a public nuisance;
         (b)   The condition(s) existing and the Code provision(s) that are violated by such condition(s);
         (c)   The location of such condition(s);
         (d)   That the property owner and any other responsible person are ordered to abate the public nuisance, and that, unless the condition is abated within the prescribed period, the conditions constituting a nuisance will be abated by the town and the cost of abatement shall constitute a lien against the premises, may be collected in the nature of a civil action, and may result in civil penalties;
         (e)   A statement that civil penalties and an administrative fee of one hundred dollars $100 will be assessed for a second and any subsequent notice of violation issued under this chapter within 12 months of the first such notice of violation.
   (B)   Manner of notice.
      (1)   The notice of a violation of this chapter shall be served on the property owner by:
         (a)   Personal delivery of such notice;
         (b)   By mail sent by both regular first class mail and by certified mail, return receipt requested to the address then on file in the county property tax assessor's office; or
         (c)   By electronic mail, if the property owner confirms receipt of the notice by electronic mail.
      (2)   Any such notice may be served by any authorized representative of the town manager, his or her designee, the code enforcement officer, or by any police officer of the town. If service cannot otherwise be made on a property owner, the property shall be posted with the notice. Notice shall be served in the same manner upon any other responsible person of whom the code enforcement officer is actually aware.
   (C)    Opportunity for owner or other responsible person to abate the nuisance. Except as provided at division (D) of this section, the town ordinarily shall allow 15 calendar days from the receipt of such written notice for abatement of the nuisance. However, for good cause expressed in the written notice to abate, the code enforcement officer may provide a shorter or longer time for the abatement.
   (D)   Summary abatement. Notwithstanding the foregoing provisions or any other provision of this Chapter, if, in the opinion of the Town Manager, his or her designee, or the code enforcement officer, an unlawful condition is such that it poses imminent danger or peril to public, the town may, with or without prior notice, proceed to abate the same, and the cost thereof shall be charged against the property owner.
   (E)   Any defect in the method of giving the notice required by this section, or in the form thereof, or the giving of such notice to an improper person, shall not prevent the town, in any case where the work of abating an unlawful condition upon any property is borne by the town, from collecting the cost thereof from the owner, nor shall it affect the validity of the lien on the property for such cost, nor shall it subject the town to any liability.
(Ord. passed 12-16-2019)