(A) Authority. The Department of Public Works shall be responsible for receiving and reviewing complaints regarding public nuisances and community decay and otherwise observing or reporting public nuisances and community decay.
(B) Inspection. Within five business days of receiving a complaint of a public nuisance or community decay, or of observing a condition constituting a potential public nuisance or community decay, the Department of Public Works shall inspect the premises containing the alleged violation. As part of its inspection, the Department of Public Works shall take photographs of the premises and shall make a written report of its findings. When appropriate, responsibility for such reports of violation, as well as subsequent inspections, shall be shared and coordinated with the County Sanitarian and/or the Building Inspector.
(C) Written notice. If, after inspecting the premises on which an alleged violation is reported or observed, the Department of Public Works finds that a violation of this subchapter exists, then, within three business days of receiving the completed investigation report, the town’s Police Department shall issue a written notice of violation. The town’s Police Department or the Department of Public Works shall determine, or cause to have determined, the owner of the premises. The notice of violation shall be served upon the owner and any occupant of the premises pursuant to the procedures set forth in this subchapter. The owner and/or occupant of the premises may request an extension of the time for abatement or mitigation in writing submitted to the Director of Public Works. The Director of Public Works shall have the authority to grant an extension of not more than 30 days in which to bring the premises into compliance. Any additional extensions, or any extensions longer than 30 days, must be approved by the Town Council. If the violation is not corrected within the time provided, a hearing shall be scheduled under the procedure set forth in division (F) below.
(D) Contents of notice of violation. The notice of violation shall contain the following:
(1) A statement specifically describing the violation;
(2) Notice that the owner of the premises has ten calendar days from the date of the notice of violation to abate or mitigate the violation, bringing the premises into compliance with this subchapter;
(3) Notice that, if the violation is not abated within ten calendar days from the date of the notice of violation, the town may undertake abatement or mitigation and assess the costs thereof to the owner of the premises;
(4) (a) Service of notice of violation. The Department of Public Works shall cause the notice of violation to be served on the owner and any occupant by: personal service; leaving a copy of the notice at the usual place of residence or business of the record owner; or sending a copy to the owner by United States certified mail, return receipt requested, or other courier (Federal Express, UPS and the like), signature required. The Department of Public Works shall also conspicuously post a copy of the notice at the premises where the alleged public nuisance or community decay exists.
(b) Service by publication. Only if service of the notice of violation is unable to be accomplished by any of the methods described in division (D)(4)(a) above, the Department of Public Works shall cause a copy of the notice of violation to be published in a newspaper of general circulation in the town once a week for two consecutive weeks and shall further cause a copy of the notice of violation to be left with the occupant or the person, if any, in possession of the premises where the alleged violation is located. The Department of Public Works shall also determine, or cause to be determined, from the County Clerk and Recorder’s office if there is a lienholder of the premises. If there is a lienholder of the premises, then the notice of violation shall also be served on the lienholder by United States certified mail, return receipt requested.
(5) The owner of the premises alleged to contain a public nuisance at the time a notice of violation is issued and served pursuant to this subchapter shall be responsible for complying with said notice of violation and shall be liable for any costs incurred by the town, including reasonable staff costs and attorney’s fees.
(E) Determination of compliance. Upon expiration of the owner’s ten-day time frame for abatement or mitigation, the Department of Public Works shall conduct an inspection of the premises to determine whether abatement or mitigation has occurred and shall prepare a report containing photographs and written findings regarding the condition of the premises.
(F) Procedure if no compliance. In the event the Department of Public Works or the town determines that no abatement or mitigation has occurred within ten days after the date of the notice of violation, the following procedure shall apply.
(1) The town may issue a civil citation to the owner and any occupant and file a copy of the same with the Municipal Court to have the violation declared as such by the court and for an order enjoining the violation or authorizing its restraint, removal, termination or abatement of the violation. The civil citation shall designate a hearing date. At the hearing, the owner shall be required to show cause why he or she should not be found to be in violation of the terms of this subchapter, be assessed a fine and be compelled by court order to abate or mitigate the violation with which he or she is charged.
(2) The owner shall file a response with the Municipal Court on or before the hearing date.
(3) (a) On the date and time set for the hearing, the Municipal Court shall conduct an evidentiary hearing to establish whether the premises is in violation of this subchapter.
(b) If the owner has filed no response and fails to appear, and if the town proves that proper service was made on the owner and any occupant, the Court may grant such relief as is requested by the town. In the event of the owner’s default, the Municipal Court shall order that the enforcement by the town be stayed for seven days and that a copy of the Court’s order be mailed to the owner.
(4) Whenever the Municipal Court shall find any person to be in violation of the terms of this subchapter, the Municipal Court shall order the owner of the premises to abate the violation to the standards set forth in this subchapter within 30 days and shall authorize the town to undertake abatement, or contract for the undertaking of abatement, in the event of the owner’s failure to comply with the terms of the Court’s order, with all Court costs, fines and costs of abatement/mitigation to be assessed against the owner of the premises, together with any fine imposed by the Municipal Court.
(G) Emergency abatement.
(1) Whenever the town or the Department of Public Works has reason to believe that a violation of this subchapter exists and that such violation constitutes an emergency presenting imminent danger of serious injury to persons or property, the Department of Public Works, an authorized representative appointed by the Department of Public Works, a town firefighter and/or a town police officer, or any other party on behalf the town, may immediately enter into any building or upon any premises within the boundaries of the town for purposes of emergency abatement.
(2) Whenever a violation of this subchapter exists which constitutes an emergency presenting imminent danger of serious injury to persons or property, the town may order, without notice or judicial action, that the violation be abated by removal, destruction or mitigation within 48 hours. If the owner or occupant fails to comply with such an order, or cannot be located, the town shall cause the structure to be demolished and removed, or the violation otherwise be abated, either through available public agency or by contract or arrangement with private persons. The cost of such abatement shall be paid by the owner of the premises upon which the violation existed, pursuant to § 91.20 of this chapter.
(Ord. 344, passed - -2021; Ord. 347, passed 9-14-2022)