§ 92.41 ABATEMENT OF NUISANCES.
   (A)   In any case where any nuisance may be found to exist, it shall be the duty of the Town Council to serve notice on the owner or occupant of the premises where such nuisance exists, or on any other person so causing or allowing such nuisance to exist, to abate such nuisance within a reasonable time. In determining such reasonable time, the Council shall take into consideration the degree of threat to the public health, safety and welfare, and the means required to abate such nuisance. It shall not be necessary for such Council to designate in the notice the manner in which any such nuisance shall be abated unless such Council shall deem it advisable to do so; however, the Council shall indicate in such notice the date within which the nuisance must be abated.
   (B)   If the owner, occupant or other persons served with a notice to abate the nuisance shall refuse or neglect to abate such nuisance within the designated time after such notice is given, such person shall be subject to the penalties provided in the fee schedule. In addition, the Council may cause such nuisance to be abated in any manner authorized by law, including the institution in the name of the town against the owner, occupant or other person, of an action therefor and for the recovery of the amount of expense of such abatement, the costs of such action and the attorneys’ fees incurred by the town.
   (C)   In addition, the Council may cause such nuisance to be abated by authorizing the proper officer of the town to remove the nuisance with the employment of town employees, and charge the owner, occupant or other person for the cost of the removal and abatement of the nuisance, the cost to be determined by doubling the labor cost incurred by the town of abating the nuisance.
   (D)   The Council shall notify the Clerk-Treasurer of the cost of abatement of any nuisance. The Clerk-Treasurer shall notify the owner, occupant or other person against whom the abatement proceedings were brought as to the cost of abatement; and if the cost is not paid by the owner within 30 days, the proper town officers shall proceed to collect the same from the owner, occupant or other person by causing the costs to be placed on the tax duplicate, by placing a lien of the property or by suit.
   (E)   The requirements for service of notice under the provisions of divisions (A) and (B) above may be complied with by mailing such notice by certified mail, return receipt requested, to the last known address of the person sought to be notified, or by personal service of such notice on such person by any police officer so directed.
(1991 Draft Code, § 6-58) (Ord. 4-83, passed 7-25-1983)