(A) In any case where any nuisance may exist, it shall be the duty of the Town Marshal, Clerk-Treasurer, or other town employee(s) nominated by the Town Marshal and approved by the Town Council, to serve notice upon the owner of the premises where such nuisance exists and upon any other person so causing such nuisance to abate such nuisance within 15 days of said notice.
(B) If the owner, occupant, and any other person or entity served with a notice to abate the nuisance shall refuse or neglect to abate such nuisance within the designated time:
(1) Such person, persons, or entity shall be subject to the penalties provided in § 131.99;
(2) In addition thereto, the Town Council may remove or cause to be removed or do or cause to be done such other acts as are necessary and reasonable to abate said nuisance, and the Town Clerk shall make a certified statement of the actual cost incurred by the town in such removal, which statement shall be delivered to the owner of such real estate by the Town Marshal, or by certified mail, or where appropriate, by publication, provided such owner shall have been served with notice as provided in division (A) above and such owner shall have not more than ten days within which to pay said amount to the Clerk-Treasurer. If such owner failed to pay said sum within the time prescribed, a certified copy of the statement of such costs shall be filed in the Auditor’s office of the county wherein said real estate is located, and the said Auditor shall place the amount so claimed on the tax duplicate against the real estate of the owner affected by said work, and the same shall be collected as taxes are collected or said costs may be collected by suit;
(3) The Town 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 any action therefor and for the recovery of the amount of expense of such abatement; and/or
(4) In the event the town shall be required to mow said tall grass or noxious weeds, the charge to the owner shall be $25 per hour with a $25 minimum.
(C) (1) The requirement for service of notice under the provisions of this section may be complied with by registered or certified mail of such notice to the person or persons sought to be notified, provided, however, that when the owner is unknown, notice shall be to the person or persons in whose name or names the real estate taxes on said real estate are shown on record in the office of the Auditor of the county, wherein said real estate is located, by registered or certified mail to the last known address of the person or persons sought to be notified, or when the address of such person or persons is unknown, by publication of said notice once each week for three consecutive weeks in a newspaper of countywide circulation, published in the county.
(2) Once the initial notice has been provided, a continual abatement notice may be posted at the property at the time of abatement instead of by registered or certified mail.
(3) A continuous abatement notice shall serve as notice to the real property owner or occupant 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.
(2000 Code, § 5-3) (Ord. 1980-1, passed 8-12-1980; Ord. 1988-6, passed 8-22-1988; Ord. 2003-1, passed 3-3-2003; Ord. 2007-2, passed 4-10-2007; Ord. 2009-4, passed 5-12-2009; Ord. 2010-4, passed 12-14-2010; Ord. 2012-09, passed 9-11-2012) Penalty, see § 131.99