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(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)
(A) Within the period for abatement specified on the notice of violation, the property owner or other responsible person may request in writing a review of the nuisance determination by the Town Manager. Unless the unlawful condition is dangerous so as to require summary abatement per the preceding section, such written request shall stay the abatement of the nuisance by the town until the completion of the review by the Town Manager or his or her designee. In the event no appeal is taken, the town may proceed to abate the nuisance.
(B) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the nuisance determination. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner to determine whether there is a sufficient legal and factual basis to affirm the nuisance determination, and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. If, following the hearing, the Town Manager upholds the findings, and declares the condition existing on the property to be a danger and hazard to the health, safety, and general welfare of the inhabitants of the town and a public nuisance, the Town Manager shall issue a written order directing the property owner or other responsible person to abate the nuisance within 15 days and/or, if the nuisance is not abated by the property owner, directing the town to abate the condition constituting a nuisance.
(C) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of any notice of violation to the Town Council.
(D) If a nuisance is found to exist, the responsibility for abatement shall rest with the property owner and any other responsible person, notwithstanding that the nuisance is found to exist, wholly or in part, within a town easement which crosses private property.
(E) Nothing in this section shall prevent the property owner or other responsible party from abating the nuisance in question in accordance with the notice of violation prior to any requested review pursuant to this section.
(Ord. passed 12-16-2019)
(A) If any person, after having been ordered to abate a public nuisance described in this chapter, fails, neglects or refuses to abate or remove the condition constituting the nuisance by the date specified in the notice of violation, the town may cause the condition to be removed or otherwise remedied by having employees of the town or a private contractor hired by the town to go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the Town Manager or his designee. The cost of abatement shall be paid by the property owner.
(B) Any person who has been ordered to abate a public nuisance may, within the time allowed by this article, request in writing that the town remove such condition causing the nuisance. If the town abates the nuisance, the costs of abatement shall be paid by the person making the request.
(Ord. passed 12-16-2019)
Upon the completion of abatement by the town, the Town Manager, his or her designee, or the code enforcement officer shall deliver to the finance director a statement showing the actual cost of the abatement of the unlawful condition plus any additional charges, in accordance with the schedule of fees and charges established by the town Council. The finance director shall thereupon mail to the owner of the subject property a bill covering the cost, if with reasonable diligence the name and address of such owner can be ascertained, with instruction that such charges are due and payable within 30 days from the receipt thereof. In the event the costs for abatement are not paid within 30 days after receipt of the statement of charges, such charges may be recovered by the town in a civil action in the nature of debt.
(Ord. passed 12-16-2019)
In the event charges for the removal or abatement of the public nuisance are not paid within 30 days after receipt of the statement of charges, such charges shall become a lien against the real property upon which such costs are incurred. The amount of such lien shall be added to the tax roll and collected as unpaid ad valorem taxes.
(Ord. passed 12-16-2019)
(A) For purposes of this section, a chronic violator is a person who owns property with respect to which, in the previous calendar year, the town gave notice of violation for a public nuisance violation at least three times under any provision of this chapter.
(B) At the beginning of each calendar year, the code enforcement officer shall notify each person who was a chronic violator that, if the violator's property is found to be in violation of this chapter in this calendar year, the town shall, without further notice, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected.
(Ord. passed 12-16-2019)
(A) Fee assessed for second and subsequent violations. Any person who is issued a second notice of violation under this chapter within 12 months of the first notice of violation issued hereunder shall be subject to an administrative fee of $100 in addition to any other charge. For each additional nuisance notice of violation occurring prior to the expiration of a 12-month period following issuance of the first nuisance notice of violation, the person shall be subject to an administrative fee of $100. The person may also be assessed any costs incurred in obtaining service of the public nuisance notice including legal publication.
(B) Appeal of administrative fee. An appeal of an administrative fee demand for payment must be filed in writing with the Town Manager within ten days after service of the written demand for payment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation.
(1) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the civil penalty. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. The Town Manager may reduce the penalty if the Town Manager determines that:
(a) The appellant has acted in good faith; and
(b) The failure of the appellant to avoid a second or subsequent violation is the result of circumstances beyond the appellant's control; or
(c) There are other circumstances which make the assessment of the administrative fee unfair in that particular case.
(2) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of an administrative fee to the Town Council.
(Ord. passed 12-16-2019)
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