(A) If it appears that the conditions exist, the Town Code Enforcement Officer shall cause to be delivered or mailed to the owner of the property upon which the conditions exist, by certified mail return receipt requested, a notice stating the reasons why the conditions constitute a violation and that the property owner has the right to a hearing to be held before the Town Code Enforcement Officer at a place fixed in the notice, not less than five, nor more than 30, days after the delivery or mailing of the notice.
(B) The notice period shall be such as is reasonable given:
(1) The nature of condition in question;
(2) The likelihood that the condition will become significantly worse if not addressed promptly; and
(3) The action reasonably required to remedy the condition.
(C) The owner or any party in interest shall have the right to file an answer to the notice with the Town Code Enforcement Officer, and to appear and give evidence at the place and time fixed in the notice. Any person desiring to do so may attend the hearing and give information relevant to the matter being heard. The rules of evidence applicable to the courts of law or equity shall not apply at the hearings. If the notice is not contested either in writing or in person, then no hearing shall be required.
(D) If the condition alleged to exist is a “recurrent” condition, then the Town Code Enforcement Officer need not comply with the notice requirements of division (C) above, and the town shall be entitled to proceed under § 94.084 below without further notice. A “recurrent” condition is a condition which continues or reoccurs after three notices of the condition have been mailed to or served on the property owner as required by division (C) above.
(Ord. passed 9-9-2003)