(A) If conditions on a property constitute a public nuisance, as described in § 130.03, above, an officer of the Town Police Department or designated code enforcement officer will, customarily, issue a written warning to the property owner and/or occupants, either by personal delivery or by leaving the notice on an exterior door. The issuance of a written warning, prior to the issuance of a violation, is discretionary and not a prerequisite to the issuance of a violation or of abatement action by the town; particularly for second and subsequent violations on the same property. A warning, if issued, will:
(1) Describe, with reasonable particularity, the conditions that constitute a public nuisance;
(2) Direct the property owner and/or occupants to abate the violation within a prescribed time, not less than two and not more than seven days; and
(3) Advise the property owner and/or occupants that if the public nuisance is not abated within the prescribed time, a violation will be issued .
(B) If a public nuisance is not abated, within the time prescribed in a written warning, an officer of the Town Police Department or designated code enforcement officer shall issue a violation to the property owner and/or occupants, either by personal delivery or by way of registered or certified mail or other means by which a written acknowledgment of receipt may be requested and obtained. The violation notice shall:
(1) Inform the property owner and/or occupants of a violation of this subchapter and describe, with reasonable particularity, the conditions that constitute a public nuisance;
(2) Direct the property owner and/or occupants to abate the violation within a prescribed time;
(3) Inform the property owner and/or occupants that if the violation is not abated the town may elect to abate the violation and bill the violating person or persons for the costs incurred by the town, including administrative costs and attorney’s fees; and
(4) Advise the property owner and/or occupants that the violation may be appealed by submitting, within ten days from the date of receipt of the violation notice, a written notice of appeal.
(Ord. 2020-01, passed 2-4-2020)
Penalty, see § 130.99