(A) No person shall be prosecuted for a violation of this chapter until the Town Manager, Police Chief or other authority, as recognized by the Mayor or Town Council, shall serve that person with the written notice provided herein, and the person fails to comply with its provisions. The notice shall be served on any person by restricted mail and/or personal service, to his or her last known address or, if none, to the address to which any tax statement is sent to the owner for the dwelling, or by any other method of service reasonably calculated to give actual notice.
(B) The notice shall contain, at a minimum, the following:
(1) That a chronic nuisance exists, as defined in this chapter, at the location specified in the notice;
(2) The dates of the act(s) that constitute the basis for the chronic nuisance property, the name(s) of the person(s) committing the acts, if known, and all other facts and circumstances that the town relies upon to allege the acts that form the basis for the chronic nuisance. Copies of police reports may serve as this documentation;
(3) The date, time and place where the person is to appear and meet with the town’s representative to participate in the nuisance abatement conference; and
(4) That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time, place and manner designated in the notice, may result in prosecution of a violation of this chapter, and the imposition of penalties as prescribed by this chapter.
(C) Recourse of town when notice to abate the chronic nuisance is ignored.
(1) Upon the failure of any person, to whom notice has been given pursuant to division (A) above, to comply with the terms of the notice, the town will act to remedy the condition that is the subject of the notice, and the expenses shall constitute a lien upon the premises where the condition occurred, to be collected as town taxes are collected if not otherwise first paid to the town.
(2) Abatement by the town of any condition that constitutes a chronic nuisance, and reimbursement to the town of expenses incurred thereby, shall not bar prosecution for maintenance of a chronic nuisance.
(3) The town may seek any appropriate abatement orders from a court of competent jurisdiction in prosecuting citations brought under this section, and in any other legal action may seek any appropriate court orders to the extent permitted by law.
(Ord. 03-2015, passed 10-19-2015)