(a) The Chief of Police, City Engineer, or other authorized representative of the City may bring an action to abate a public nuisance described by this section in the Martinsburg Municipal Court.
(b) The Chief of Police, City Engineer, or other authorized representative of the City when practicable shall make reasonable efforts to provide notice to the owner of the property of the causes of the public nuisance prior to the filing for the order of abatement.
(c) Upon notice the property owner shall within seventy-two hours provide to the Chief of Police, City Engineer, or other authorized representative of the City an action plan to abate the public nuisance.
(d) If the Chief of Police, City Engineer, or other authorized representative of the City is unable to make contact with the property owner or the proposed action plan is insufficient to abate the public nuisance, as determined in the sole discretion of the Chief of Police, City Engineer, or other authorized representative of the City, then Chief of Police, City Engineer, or other authorized representative of the City shall proceed to filing of a petition requesting an order of abatement
(e) The Municipal Judge or Chief Magistrate shall upon a petition to abate a public nuisance and finding of probable cause of a public nuisance shall issue an order of abatement.
(f) The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity or to show cause what a public nuisance does not exist.
(g) The order of abatement may also authorize the issuance of search warrants reasonably calculated to determine whether the nuisance has been abated
or whether the order of the court has been obeyed.
(Ord. 2020-17. Passed 11-12-20.)