§ 90.08  OTHER NUISANCES NOT ENUMERATED IN THIS SUBCHAPTER.
   (A)   In addition to the conditions declared to be a nuisance enumerated above, the Town Council may, by ordinance, define, prohibit, regulate or abate other acts, omissions or conditions detrimental to the health, safety or welfare of its citizens and the peace and dignity of the town.
   (B)   Prior to adopting the ordinance, the Town Council shall conduct a hearing at any regularly scheduled or specially convened meeting of the board after giving written notice to the owner, occupant or person in possession of the premises on which the conditions alleged to be a nuisance are located. The notice shall describe the conditions believed to be a nuisance and shall set forth the date, place and time of the public hearing. The notice shall be served in the posting on the property, then the notice shall also be advertised once in a newspaper having local circulation at least ten days prior to the hearing.
   (C)   At the hearing, the Town Council may receive and consider evidence in the form of testimony, affidavits, statements, documents or other written proof and the property owner, occupant or person in possession of the premises shall have a right to appear and show cause why the conditions are not a nuisance or ought not to be abated.
   (D)   If the conditions are thereafter determined by the board to be a nuisance, the board may order the removal or abatement of the nuisance or taken such other remedial action as may be appropriate except that the board may not declare unattractive conditions a nuisance and order the abatement thereof without finding in writing that the aesthetic benefits of removing or abating the conditions outweigh the burdens imposed upon the private owner. The special findings shall be based upon a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance including protection of property values, promotion or economic and community development opportunities, indirect protection of public health and safety, preservation of the character and integrity of the community and the promotion of the comfort, happiness and emotional stability of area residents.
(Ord. passed - -)