(A) Upon a determination that a public nuisance, as described in this chapter, exists, the Town Clerk/Manager or designee shall notify, in writing, the owner, occupant or person in possession of the premises in question of the condition constituting the public nuisance and shall order the prompt abatement thereof within the ten days from the receipt of the written notice, unless another time for abatement is specifically set forth herein.
(B) Within the required period allowed for abatement, the owner of the property where the nuisance exists may appeal the findings of the Town Clerk/Manager or designee made pursuant to division (A) above to the Town Council by giving written notice of appeal to the Town Clerk/Manager. The filing of the appeal shall stay the abatement of the nuisance by the town until a final determination by the Council, unless the Town Clerk/Manager or designee certifies to the Council that, because of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property or that, because the violation is transitory in nature, a stay would seriously interfere with the effective enforcement of this chapter. In that case, abatement proceedings shall not be stayed except by order of the Town Council or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Town Manager or his or her designee. In the event no appeal is taken, the town may proceed to abate the nuisance.
(C) The Council, in the event an appeal is taken as provided in division (B) above and after hearing all interested persons and reviewing the findings of the Town Clerk/Manager or designee, may reverse the findings made pursuant to division (A) above; but if the Council shall uphold the findings of the Town Clerk/Manager or designee made pursuant to this division, the Council shall adopt an ordinance specifically declaring the condition existing on the property to be a danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and public nuisance and directing the appropriate town employees to cause the condition or conditions to be abated.
(D) If any of the above-defined nuisances are found to exist, the responsibility for abatement shall rest with the owner, occupant or person in possession of the property or their agent, notwithstanding that the nuisance is found to exist, wholly or in part, within a town easement which crosses private property.
(Ord. passed 6-2-2008)