§ 91.022  NOTICE TO ABATE.
   (A)   Whenever the Police Chief, the Mayor or their designated representatives finds that a nuisance exists, they may direct the Village Clerk or Attorney to mail (certified) and/or by regular mail to, or have served by personal service on, the party responsible for the nuisance and/or the party on whose property the nuisance exists, a written notice ordering that the nuisance be abated within a reasonable time generally no less than seven days, unless emergency conditions exist. The determination of what constitutes an emergency condition is discretionary on the part of the village.
   (B)   The notice to abate may contain:
      (1)   A description of what constitutes the nuisance;
      (2)   The location of the nuisance;
      (3)   A statement of what condition or state of affairs must be achieved in order for the nuisance to be deemed abated;
      (4)   A statement suggesting how such abatement might be accomplished;
      (5)   The date by which abatement must be completed or time period within which the abatement must be completed; and
      (6)   A statement indicating that if the nuisance is not abated by the date or time period prescribed this municipality may abate the nuisance and assess the costs against the property and/or impose a fine and/or request an order from a court of competent jurisdiction ordering the nuisance to be abated and/or ordering the violator to refrain from further violation of the code.
   (C)   The sending of a notice to abate is a discretionary act on the part of the village. It is neither a prerequisite nor condition precedent to filing a complaint in circuit court. The receipt of a notice to abate by the defendant is not a prerequisite for the court to assume jurisdiction over the person or subject matter.
(1999 Code, § 25-2-3)  (Ord. 11/12/03-1, passed 11-12-2003; Ord. 04/13/2004-1, passed 4-13-2004; Ord. 11/10/09-4, passed 11-10-2009)