(A) Police officers and designees of the Marshal shall, and private persons may, request in writing that police officers investigate the existence within the town of conditions constituting a nuisance under this subchapter. Whenever a police officer or person designated by the Marshal, after investigation, finds that a nuisance exists, the police officer or person designated by the Marshal shall cause to be served upon the owner or occupant of the property where the nuisance is alleged to exist, as shown on the address records of the County Auditor, a written notice to abate the nuisance within a reasonable specified date. If not served personally upon the owner, occupant or an adult person at the location, as attested by the police officer or other designated person’s return of service, such notice shall be sent to the property occupant or owner by certified mail, return receipt requested, in addition to which a copy of the notice shall be posted by attachment on or near the front entrance to the property where the alleged nuisance exists. In the case of non-owner occupied property, when the person served is not the owner of the property as listed in the records of the County Auditor, a copy of the notice shall be mailed by the Town Marshal to the owner, regular United States mail at the address shown on the County Auditor’s records.
(Prior Code, Title III, Ch. XIII, Art. I, § 3)
(B) The notice to abate shall contain:
(1) The name of the occupant, owner or owner/occupant determined to be operating, creating, continuing or otherwise responsible for the nuisance;
(2) A narrative description of what constitutes the nuisance; (In suitable fact situations dated digital negatives shall be retained for printing and use, if required, for proof of the violation.)
(3) The location of the nuisance;
(4) A statement of the act or acts necessary to abate the nuisance;
(5) A reasonable specified date by which to complete the abatement; and
(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within three days after service of notice, the town may abate the nuisance and assess the costs thereof against the property occupant, owner or owner and occupant.
(Prior Code, Title III, Ch. XIII, Art. I, § 4)
(Ord. passed 9-6-2006)