Skip to code content (skip section selection)
(a) Inspections, Investigations and Complaints. The Chief of Police shall cause inspections to be made from time to time of all portions of the Town and the area surrounding the Town and within one mile of the Town limits to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and he shall cause an investigation to be made upon complaint made by any responsible person.
(b) Right to Enter Private Premises. Police officers shall have the right to enter upon private premises for the purposes specified in subsection (a) hereof upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case no owner or occupant shall prevent such entry which is sought to be made in compliance with law.
(c) Notice to Cease and Desist. If at any time the Chief of Police finds that an activity or practice which constitutes a nuisance is occurring within the Town or within the area surrounding the Town and within one mile of the Town limits he shall promptly and by the most expeditious means notify the violator to cease and desist forthwith.
(d) Notice to Abate Condition; Appeal. If at any time the Chief of Police finds that a condition which constitutes a nuisance exists within the Town or within the area surrounding the Town and within one mile of the Town limits he shall give notice in writing to the owner, occupant or person in charge of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance, and directing such addressee to remedy the condition within the time stated in such notice, which shall not be more than ten days. No owner, occupant or person in charge shall fail to comply with the terms of such notice; provided, that any owner, occupant or person in charge may, within two days from the service thereof, appeal to Council, in which case the terms of such notice shall be stayed pending action of Council, which shall be final; provided further, that if the Chief of Police shall state in such notice that the condition which constitutes a nuisance is such as to be an imminent hazard to the health, safety or welfare of the public or any person within or near the premises upon which such nuisance exists, then the addressee shall comply with the terms of such notice and no appeal shall lie to Council.
(e) Recourse Where Failure to Comply.
(1) Upon the failure of any person to whom notice has been given to comply with the terms of such notice, or with the terms imposed by Council on appeal, as the case may be, the Chief of Police shall forthwith direct the appropriate Town officer to remedy the condition which is the subject of such notice, and the expense incurred by the Town in so doing shall be charged to the addressee of such notice and to the owner of the property upon which such condition existed if he be a person other than such addressee, and in the latter case such charges shall be deemed to be payable by them jointly and severally; and in any case such charges shall constitute a debt due the Town by the person or persons so chargeable, which may be collected by civil action in a court of competent jurisdiction, or by distraint, or in any other manner provided by law.
(2) Abatement by the Town of any condition which constitutes a nuisance and reimbursement to the Town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance.
(f) Arrest. Nothing in this article shall be construed to prohibit any police officer from arresting any person for committing or maintaining a nuisance when such arrest is made pursuant to law.
(1973 Code §16-5 to 16-10)