(A) Any owner or responsible party may, at his, her, or its own expense and prior to the scheduled abatement hearing, abate a declared nuisance condition in accordance with the provisions of the notice sent by the enforcement officer; provided that all necessary permits are first obtained. If the enforcement officer determines that the nuisance condition has been abated prior to the hearing, the hearing proceedings shall be terminated. If any abatement referenced in this section takes place after the specified compliance date, but prior to date set for hearing, termination of the hearing shall only take place upon the owner or responsible party’s payment of outstanding penalties, administrative and/or abatement costs, including attorneys’ fees if applicable.
(B) Any owner or responsible party may also request the town to abate a declared nuisance condition on his, her or its property. However, the owner or responsible party making the request shall be responsible for the payment of all penalties, abatement costs and/or administrative costs, including attorneys’ fees if applicable, incurred by the town. The request for the town to perform the abatement shall be in writing and include a written consent to enter and perform work. Any such request shall be deemed an agreement to pay for the costs of such abatement, including but not limited to any penalties, administrative costs, and an agreement that such costs may be collected as a lien or special assessment upon the property. The abatement hearing proceedings shall thereafter be terminated.
(Ord. 831, passed 5-1-2019)