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A. Responsibility: It shall be the duty of the owner and/or tenant or person in possession and control of any property, building, or premises whereon any nuisance exists, to remove, abate or destroy the same without delay.
B. Notice To Abate:
1. Written Notice; Service: The Gem County zoning administrator or other duly authorized representative shall notify in writing the owner of any such property, place or area within the county, or the agent of such owner, or the person in possession and control of such property to abate the nuisance indicated in the notice; provided that such written notice shall be served personally on the owner, lessee, agent, or person in possession and control, or by USPS mail, addressed to said owner or agent of said owner or the person in possession and control of such property at his last known address. If written notice cannot be served personally or by mail on the owner, agent or person in possession or control of such property on which the nuisance is found, the notice shall be posted by being affixed to a building or other place on the premises or property so conspicuous that any person occupying, possessing or using the premises or property can be reasonably expected to see it. The written notice shall describe the nuisance, advise that the nuisance must be abated within ten (10) days from the date of the notice, advise that civil proceedings and/or criminal proceedings may be initiated if the nuisance is not abated, advise that costs of court proceedings and the nuisance abatement may be assessed against the owner, or occupant of the premises or property.
2. Failure To Comply: Providing further, that upon failure, neglect or refusal of any such owner, or agent of such owner, or person in possession and control to abate the listed nuisance within ten (10) days after the date of such notice or in the event that notice served by USPS mail is returned to the county by the post office as unable to make delivery thereof, the county is hereby authorized and empowered to abate the nuisance and remove it at the expense of the property owner.
C. Abatement By County: Whenever a nuisance exists which cannot be abated or removed because the person who is responsible therefor cannot be found, or when the party who is responsible for the nuisance has, on at least one occasion failed and/or refused to abate or remove said nuisance, any duly authorized representative of the county shall be empowered to take steps necessary to remove, abate, or destroy the same, or cause the same to be done by abatement action with the courts against said responsible party.
D. Failure To Comply After Abatement By County:
1. Costs Assessed: Whenever the county has paid for the abatement of the nuisance or has used its own employees and equipment for the abatement of a nuisance as set forth in this chapter, the actual costs thereof, any additional fines/penalties established by the county commissioners, plus interest at the statutory rate applicable to civil judgments, from the date of completion of the work, shall be charged to the owner of such property. The property owner, agent or person shall have thirty (30) days to pay the cost of abatement.
2. Recording Of Lien Or Certification Of Charges: If the property owner, agent or person in possession and control of such property has not paid the cost of abatement, an authorized representative of the county may or shall, at its option: a) cause such lien to be recorded in the county recorder's office in the manner provided by law for mechanic's and materialmen's liens, or b) certify such charges to the proper county officer for collection in the manner provided by law for the collection of taxes and assessments, and duly recorded. (Ord. 2012-01, 11-7-2011)