(A)
When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given notice pursuant to an order to abate under § 94.04, and given reasonable opportunity to bring the property into compliance and have not done so, the Town Council, Police Chief, and/or the enforcement authority may issue a town ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a fine in conformance with this section.
(B) Except as otherwise provided, any person found in violation of a provision of this chapter shall be fined an amount determined by the enforcement authority, subject to review by the hearing authority as provided for herein, not less than:
(1) Fifty dollars ($50) for the first violation in any 12-month period for each violation;
(2) Two hundred dollars ($200) for the second violation in any 12-month period for each violation;
(3) Five hundred dollars ($500) for the third or and each subsequent occasion in any 12-month period.
(C) The Clerk-Treasurer of the town is hereby authorized to accept the payment of the monetary penalties as follows:
(1) Any penalties assessed under this chapter relating to (i) structural issues, (ii) building negligence, (iii) unsafe buildings, (iv) zoning violations, (v) unsafe premises, or (vi) accumulation of rubbish, trash, refuse, junk, and other abandoned materials, metals, lumber, or other things will be placed into the Unsafe Building Fund of the town.
(2) Any other penalties assessed under this chapter shall be placed into the town’s Law Enforcement Continuing Education (LECE) Fund.
(D) Each day after the expiration date of the time limit ordered for abatement of a nuisance condition under this chapter shall constitute a distinct and separate offense. No fine shall be imposed for the 7-day period immediately following receipt of the required order to abate.
(E) Any person served with a citation for violating the provisions of this chapter may appear before the Clerk-Treasurer, admit the violation, and pay the civil penalty. If a person does not appear within 7 days of issuance of the citation, it may be filed with a court of competent jurisdiction and processed accordingly.
(F) When the town abates a nuisance pursuant to an order or by a third party acting under this chapter, or for payment of citations issued under this chapter, each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the violating property is jointly and severally responsible for said costs, and in the case of contractor work, responsibility shall begin from the time when the order requiring the work performed was recorded to the time that the work was completed, and include the following costs:
(1) The actual costs of the work performed by the enforcement authority or the bid price of work accomplished by the contractor; and
(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical nuisance premises that are necessary under this section so that the action required by an order may be performed by a contractor.
(Ord. 2024-02, passed 1-16-2024)