(A) Notice to abate.
(1) If, after an inspection, the town finds one or more violations of this chapter, and the town elects to use the abatement process, the town shall, in writing, notify the person in control of the property.
(2) The notice to abate shall set forth the following information:
(a) The street address, legal description, or location by book, map and parcel number if street address is unknown, sufficient for identification of the property on which the alleged violation occurred;
(b) A statement that the town has determined that there is a reasonable belief that a violation of this chapter has occurred on the property identified in the notice to abate;
(c) Notice that the person in control has 30 days from the date of mailing or personal service of the notice to abate or correct the violation;
(d) A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s);
(e) A statement that all materials removed from the premises must be disposed of at an approved waste collection facility or by other appropriate legal means and that a tipping fee receipt or other evidence of legal disposal is to be submitted to the town prior to a determination of compliance with the notice to abate;
(f) A warning statement that if the violation is not corrected within 30 days of the date of the Notice, the town may abate the nuisance and assess the owner, occupant, or person in control the cost of such abatement and record a lien against the property for payment of the assessment;
(g) An estimate of the cost of removal or abatement by the town, plus 10% for the incidental costs associated with abating the nuisance;
(h) Re-inspection date and time.
(i) Name, address, telephone number, and email address of the town enforcement officer who sent the notice to abate;
(j) A statement that the person in control may appeal the abatement order in writing to the Town Council within 15 days from the date of the notice and that failure to appeal will constitute waiver of all rights to an administrative hearing and determination of the matter.
(k) The 15-calendar day notice set forth in this section shall not apply to emergency abatements.
(3) The Town Manager may extend the time limits set forth in this section if the person in control demonstrates to the satisfaction of the Town Manager that complying with the notice of violation or notice to abate is a hardship and if the person in control agrees in writing to a schedule for correcting the violation bringing the property into compliance with the requirements of this title and complies with the schedule.
(4) The notice requirements set forth in this subsection do not apply in an emergency abatement situation.
(B) Service of notices.
(1) Any notice required to be given for any purpose under this section shall be accomplished by an enforcement agent of the town delivering the notice to the person in control of the property, or by mailing the notice to the person in control by certified mail, return receipt requested. If the property owner is not the occupant or person in control, a duplicate notice shall be mailed to him by certified return receipt requested mail at his last known address.
(2) Notice is deemed effective on the date it is hand-delivered or deposited in the United States mail.
(3) Nothing herein shall preclude the town from giving additional oral or written notice at its discretion. If the town does elect to give additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situation.
(C) The notice to abate shall run with the land. The town, at its sole option, may record a notice to abate with the Greenlee County recorder and thereby cause compliance by an entity thereafter acquiring such property. The non-filing of a notice to abate shall in no way affect the validity of such notice as to entities so notified. If the notice to abate is recorded and compliance with the notice to abate is subsequently satisfied, the town shall record a satisfaction and release of the notice to abate with the County Recorder.
(Ord. 03-2017, passed 4-13-2017)