In addition to any other remedies or penalties available under the law, the following procedures may be utilized for the abatement of nuisances.
(A) (1) Any personnel so designated by the town and/or the County Commissioners shall be responsible for serving notice upon the owner, occupant and/or person having control or management of any land subject to the provisions of this subchapter of any violation or violations of the provisions of this subchapter and to demand that the violation or violations be abated within seven days of said service, unless the violation constitutes an immediate danger to the health or well-being of the community.
(2) In the event the violation or violations constitute an immediate danger to the health or well-being of the community, the demand for abatement shall require that the violation or violations be abated within 24 hours of said service.
(3) Notice shall be served by personal service or certified mail. However, if the address of the owner, occupant and/or person having control or management of the subject property cannot be ascertained in the exercise of reasonable diligence, the designated person appointed by the town or the County Commissioners, or other designated personnel, shall make an affidavit to that effect and service may be made by publication in a newspaper of general circulation for two consecutive publications. In addition to newspaper publication, a copy of the notice shall be posted in a conspicuous place on the subject premises.
(B) In the event the owner, occupant and/or person having control or management of the subject property fails to abate any violation or violations within the time periods contained herein, the town may proceed to abate the violation.
(1) The town may utilize independent contractors to assist in abating any violations of this subchapter.
(2) Any person or persons utilized by the town to abate any violation of this subchapter shall have full access to the subject property with all necessary personnel, machinery and equipment.
(3) The town shall keep records detailing all costs incurred in order to abate the nuisance, with the owner, occupant and/or person having control or management of the subject property being responsible to the town for those costs.
(C) In the event the town abates any violation or violations of the provisions of this subchapter, the town shall obtain a lien upon the subject property for all costs and expenses incurred as a result thereof, including, but not limited to, all costs for labor, equipment, fuel, oil, attorney’s fees, filing fees, publication fees, court costs and any other costs or expenses incurred in the enforcement of the lien and any foreclosure action resulting therefrom.
(D) (1) In the event the owner, occupant and/or person having control or management of property subject to a lien pursuant to this subchapter fails to reimburse the town of all costs and expenses incurred by the town in abating a violation or violations within 30 days of the violation having been abated, the town or its designated representative may file a statement of lien claim with the County Clerk.
(2) The statement of lien claim shall contain the legal description for the subject property, the amount of the costs and expenses incurred by the town related to the abatement of the violation or violations as of the date of filing, the lien amount claimed by the town and the date that the nuisance was abated.
(3) Notice of the statement of lien claim shall be mailed to the owner, occupant and/or person having control or management of the property subject to the lien if such person or persons’ address is known.
(4) Failure to record the notice of lien statement or to mail said notice to the owner, occupant and/or person having control or management of the property subject to the lien, or the failure of the owner, occupant and/or person having control or management of the property subject to the lien, shall not affect the town’s right to proceed with a foreclosure action.
(E) All property subject to a lien for unpaid nuisance abatement expenses and costs shall be sold for nonpayment, and the proceeds from such sale shall be applied to pay all costs and expenses incurred by the town in abating said nuisance after deducting costs.
(F) All foreclosure actions brought pursuant to this subchapter shall be in equity and in the name of the town.
(Ord. 1-2019, passed 2-5-2019)