(A) Inspection. Whenever a complaint is made that a public nuisance exists or has existed within the town, the Town Marshal shall inspect or cause to be inspected the premises and shall make a written report of his or her findings. Whenever practicable, the Town Marshal shall include photographs in his or her report.
(B) Notice to owner or to person or persons responsible. Whenever the Town Marshal determines that a nuisance exists, a notice of violation and demand for abatement shall be given to the owner or the person or persons responsible for the property, including, but not limited to, any tenant. The town will take enforcement action only with the owner or responsible party at the time the violation is identified.
(C) Notice of correction order. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation or violations and section(s) of the code violated and why the notice is being issued;
(4) Include a correction order allowing a reasonable amount of time of at least seven days (excepting cases of emergency or safety concerns) from the time when the notice is served to abate the nuisance; and
(5) Include a notice containing the right to appeal the determination to the Town Council.
(D) Emergency or safety concerns. When an official finds that a condition existing on a property qualifies as an emergency or safety concern, the official shall include on the notice of correction order a statement indicating such a finding and allowing a period of time of not less than 24 hours to abate the nuisance.
(E) Duplicate notice to property maintenance company. When an official has reason to believe that there is a property maintenance or servicing company monitoring a given property on behalf of the owner, a bank holding mortgage rights to the property or a corporate operator, the official may provide duplicate notice to said property maintenance or servicing company. The provision of additional notice under this division (E) shall not eliminate any notice requirement for the owner or responsible party of the property and shall not render the property maintenance or servicing company liable for failure to abate, unless otherwise provided in this subchapter.
(F) Method of service. Notice shall be deemed to be properly served if a copy is sent by certain return receipt mail or hand delivered by an employee of the town, or by leaving a copy of the notice at the location of the property in a conspicuous location and mailing a copy of the notice by first class mail to the last known address of the person to whom notice must be given.
(G) Continuous abatement notice for tall grass, weeds and rank vegetation. If an initial notice of violation was provided, a continuous abatement notice may be posted at the property at the time of abatement instead of by equivalent service. A continuous abatement notice shall serve as notice to the real property owner and/or responsible party that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or its contractors.
(Ord. 4-2019, passed 5-7-2019)