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When any condition in violation of this article is found to exist, the Town Manager or designee shall give notice to the owner of the premises to abate or remove the conditions within ten days. The notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten days, the town may proceed to correct the same as authorized by this article. Service of the notice shall be by any one of the following methods:
(A) By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner;
(B) By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon; or
(C) By posting and keeping posted for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by subsections (A) and (B) above.
(D) Annual notice to chronic violators shall only be made by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected.
(1989 Code, § 9-8; 2003 Code, § 5-5.9) (Amended 3-6-2001; Amended 11-2-2021)
Any affected property owner may request a hearing before the Town Manager or designee to show cause why they are not in violation of this article. The appeal shall be in writing, and shall be delivered to the Town Manager or designee in 14 calendar days from the date the original notice of violation was mailed or served as provided in § 5-5.9.
(Amended 11-2-2021)
If the owner of any property fails to comply with a notice given pursuant to this article, within ten days after the service of the notice, he or she shall be subject to prosecution for violation of this article in accordance with law and each day that the failure continues shall be a separate offense. In addition, the Town Manager may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected. All expenses shall constitute a lien against the property on which the work was done.
(1989 Code, § 9-9; 2003 Code, § 5-5.10) (Amended 3-6-2001; Amended 11-2-2021)
Nothing in this article nor any of its provisions shall be construed to impair or limit, in any way, the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other articles or laws. In addition to the remedies provided for herein, any violation of the terms of this article shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in § 1.8. of the code of the town.
(1989 Code, § 9-10; 2003 Code, § 5-5.11) (Amended 3-6-2001; Amended 11-2-2021)
The town may notify a chronic violator of the § 5-5.8(A), the overgrown vegetation ordinance, that if the violator's property is found to be in violation of the ordinance, the municipality shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served according to § 5-5.9(D). A CHRONIC VIOLATOR is a person who owns property whereupon, in the previous calendar year, the municipality took remedial action at least three times under the overgrown vegetation ordinance.
(Ord. passed 4-30-2009; Amended 11-2-2021)