A. Nuisance Declared; Findings Filed With Council: If, after inspecting the property on which the nuisance is reported, the Town Council declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then, regular abatement procedures shall be followed. Photographs and reports of the findings and inspections shall be made and filed with the Town Council. (Ord. 252, 9-1-1998)
B. Notice To Owner; Service:
1. Personal Service: The Town Council shall determine the legal owner who, from the records in the County Clerk and Recorder's office, appears to be the titled owner of the aforesaid property and immediately cause a written notice to be served on such owner by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the County Clerk and Recorder's records, or by copy mailed to such owner at such address by United States certified mail return receipt requested.
2. Publication; Posting: If service of such written notice is unable to be perfected by any of the methods described above, the Town Council shall cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the Town, once a week for two (2) consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the Town Council shall cause a copy of the notice to be posted at such structure, located on the premises.
C. Notice To Lienholder: The Town Council shall also determine from the County Clerk and Recorder's office who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on which lienholder by United States mail return receipt requested. (Ord. 252, 9-1-1998; amd. 2000 Code)
D. Contents Of Notice: The aforesaid notice of the owner, and lienholder, if any, of the property shall state clearly and concisely the findings of the Town Council with respect to the existence of a public nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the public nuisance, pursuant to the orders contained in the Town Council notice, the public nuisance shall be abated by the Town at the expense of the owner.
E. Responsibility, Liability Of Owner: Any person who is the record owner of the premises, location or structure at the time an order pursuant to this Chapter is issued and served upon him, shall be responsible for complying with that order, and liable for any costs incurred by the Town therewith, notwithstanding the fact that he conveys his interests in the property to another after such order was issued and served.
F. No Defense: It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed.
(Ord. 252, 9-1-1998; amd. Ord. 23-002, 9-14-2023)