(A) When the enforcement officer finds that a nuisance condition exists upon any property in the town, he or she may, or upon the direction of the Town Council shall, serve a notice to abate upon all owners and all responsible parties, directing them to abate or cause the nuisance condition(s) upon the premises to be abated on or before a specified compliance date. When ordering abatement of a nuisance, the enforcement officer may order a condition to be abated by repair, rehabilitation, demolition, removal or termination. The notice shall also state that any owner or responsible party may file a written request for a hearing with the Town Clerk to dispute the alleged conditions within ten days of service of the notice.
(B) All owners and responsible parties must be served with the notice to abate in the manner required by § 1.12.070 (“Methods of Service”).
(C) The procedure in division (A) does not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in § 1.12.115 shall be followed.
(D) An owner or responsible party may appeal a notice to abate by filing a written request for an appeal with the Town Clerk within ten days of service of the notice to abate. The written appeal shall identify the property address, specify the grounds for the appeal, list the date of the notice to abate being appealed from and be signed by the appellant. In the event an owner or responsible party files a timely request for hearing, the Town Clerk and hearing officer shall schedule the hearing. The hearing shall be conducted no later than 60 days of receipt of the request, unless otherwise agreed to in writing by the parties. The Town Clerk shall send written notice of the location, time and date of the hearing at least ten days in advance of the hearing date.
(E) Failure of any owner or responsible party to timely appeal the notice to abate constitutes a waiver of the right to appeal a notice to abate or seek judicial review, and the nuisance conditions shall be deemed confirmed. Such failure shall also constitute a failure to exhaust available administrative remedies. If the owner or responsible party fails to appeal the notice and if the nuisance condition has not been abated on or before the compliance date, the enforcement officer may, without any administrative hearing, cause the abatement of the nuisance condition upon the premises.
(Ord. 831, passed 5-1-2019)