(a) The Mayor or Town Council may authorize the Town Attorney to commence legal proceedings in the Circuit Court to abate chronic nuisance property and to seek closure, the imposition of civil penalties against any and all persons thereof and any other relief deemed appropriate.
(b) Remedies sought shall include, but not be limited to, designation of the property as chronic nuisance property, a Court Order the property be closed and/or secured against all unauthorized access for a period not less than six (6) months nor more than one (1) year, and the Court retaining jurisdiction over the property for such period of closure.
(c) If deemed nuisance properties other remedies sought shall be imposition of a civil penalty of up to $100.00 per day for each day nuisance activities occurred on the property from the time notice was issued; or the cost to the Town to abate this nuisance whichever is greater. Such civil penalty sought would be included in any judgment in behalf of the Town and against the owner of the property.
(d) If in the opinion of the Town Attorney the property owner has acted in good faith in seeking the abatement of the chronic nuisance property, there shall be no requirement to seek civil penalties.
(e) In establishing the amount of a civil penalty, the Town may consider any of the following factors and shall cite those applicable as follows:
(1) Actions taken by the property owner to mitigate or to correct the nuisance activities at the property.
(2) The financial condition of the property owner.
(3) Repeated or continuous nature of the problem.
(4) The magnitude or gravity of the problem.
(5) The cooperation of the property owner with the Town.
(6) The cost to the Town for investigating and correcting or attempting to correct the nuisance activities.
(7) Any other factors deemed relevant.
(f) In all instances the Town shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property.
(g) Evidence of a property’s general reputation, the reputation of the property owner and the reputation of those residing at the property or frequenting the property shall be legitimate matters for submission to the Circuit Court. (Passed 3-17-14)