(A) Abatement notice. Where, upon inspection, reasonable cause is found to believe that a nuisance exists, the enforcement authority shall issue a written abatement notice.
(B) Recipient of notice. Abatement notices shall be served upon any citizen, corporation, partnership or sole proprietorship who allegedly created the nuisance or upon all known holders of substantial property interests in the real estate upon which the nuisance is alleged to exist. If the resident or occupant of the premises is not the owner of record of the real estate, then the enforcement authority is authorized to serve the owner of record as shown in the records of the county’s Auditor in addition to other known holders of substantial property interests, including the resident or occupant.
(C) Content of notice. The abatement notice must contain:
(1) The name of the person, corporation, partnership or sole proprietorship to whom the order is issued;
(2) The legal description or address of the real estate where the nuisance which is the subject of the notice is located, if applicable;
(3) The action that the notice requires. The ordered action must be reasonably related to abating the conditions constituting the nuisance;
(4) The period of time within which the ordered action is required to be accomplished, measured from the time when the abatement notice is served. The time allowed must allow a sufficient time to accomplish the required action of at least 48 hours from the time the abatement notice is served. If the notice allows more than 30 days to accomplish the action, then the notice may require that a substantial beginning be made in accomplishing the action within the initial 30-day period following service of the notice;
(5) A statement that the order becomes final ten calendar days after the notice is served unless a hearing is requested in writing by the citizen, corporation, partnership, sole proprietorship, tenant or occupant, or by a person holding a substantial property interest in the private premises upon which the nuisance is alleged to exist. The request for a hearing must be served upon the enforcement authority prior to the expiration of the aforementioned ten calendar-day period;
(6) A statement briefly indicating what action can be taken by the town if there is noncompliance with the orders contained in the abatement notice; and
(7) The name, business address and business telephone number of the enforcement authority.
(D) Manner of giving notice. The service of abatement notices shall be made by any of the following means:
(1) Sending a copy of the notice by registered or certified mail to the business address of the corporation, partnership or sole proprietorship or to the residence or place of business or employment of the person to be notified, return receipt requested;
(2) Delivering a copy of the notice personally to the person, corporation, partnership or sole proprietorship to be notified;
(3) Leaving a copy of the notice at the business address of the corporation, partnership or sole proprietorship or at the dwelling or usual place of abode of the person to be notified;
(4) Posting a copy of the notice in a prominent place upon the premises where the nuisance is located; or
(5) If, after a reasonable effort, service cannot be obtained by any of the means described in divisions (D)(1) through (D)(4) above, then service may be made by publishing the notice in a newspaper of general circulation in the county in which the property subject to the notice is located. Such publication shall be made one time.
(E) Effective date of notice. The date when notice is considered given is as follows.
(1) If the notice is delivered personally or left at the business office, dwelling or usual place of abode, then notice is considered given on the day on which the order or statement is delivered to the corporation, partnership or sole proprietorship or left at the person’s dwelling or usual place of abode.
(2) If the notice is mailed, then notice is considered given on the date shown on the return receipt or, if no date is shown, on the date when the return receipt is received by the town’s Utility Office.
(3) Notice by publication is considered given on the date of publication.
(Ord. 2011-2, passed 5-3-2011)