(A) The Town Sanitarian or other Town Councilperson or town official (hereafter, Inspector) who may be designated by the Town Council shall enter upon and inspect the premises, properties or buildings in the town which the Inspector reasonably believes to be in violation of this chapter. If the Inspector determines a violation hereof exists, he or she shall serve notice in writing on the owner of the property requiring the owner to remove or abate the nuisance within 5 days after serving of the notice.
(B) Service of notice may be made in person or by certified mail direct to the owner of the property. Service shall be deemed to have been made as of the date of posting of the notice.
(C) In the event the property owner shall fail to comply with the notice, the Inspector shall report the violation and failure to abate the nuisance to the Town Council. The Town Council may then opt to go forward under either of the following procedures:
(1) Notice of hearing shall be given the property owner, the hearing to be held not less than 5 days following the notice, which shall be given in the same manner as hereinabove set forth, at which the Town Council shall determine whether the nuisance exists. If it is found the nuisance does exist, the town may proceed to abate the nuisance and the property owner shall be liable for the cost thereof. The town may forthwith place a lien upon the property for the cost of the abatement. Cost of abatement shall include all costs incurred by the town throughout the proceedings, including reasonable attorney fees.
(2) The town may immediately file in a court of appropriate jurisdiction a suit for collection of the penalty for violation of this chapter and/or for injunctive relief requiring the property owner to abate the nuisance. The judgment shall include costs of enforcement, including reasonable attorney fees.
(Ord. 98-2, passed 11-19-1998)