(A) It shall be the duty of every owner, occupant, tenant, lessee, or mortgagee of real estate in the village to keep such real estate free from public nuisances. Whenever the Village Board, by resolution, determines that any nuisance as defined in sections § 91.01 is being maintained, the Village Clerk shall cause written notice to abate to be served upon the owner of the property or upon the owner’s duly authorized agent and to the occupant, if any on which such nuisance is located by personal service or certified mail service. In the event that certified mail or personal service upon the owner is unsuccessful, the village shall cause notice to be published in a legal newspaper in general circulation in the village once a week for three weeks. Such notice shall state that the Village Board has determined that a nuisance is being maintained on the property and must be removed or remedied within 15 days of receipt of notice or within 15 days of the publication if service is by publication. Such notice shall describe the real property involved, shall define the nuisance and require that the nuisance must be abated. The date of service shall be the later of the certified mail receipt, the date of personal service or the date of the third published notice.
(B) If said owner or occupant requests in writing a hearing with the Village Board, within seven days of the date of service, the Village Board shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by regular first-class mail and require the owner or occupant to appear before the Village Board to show cause why such condition should not be found to be a public nuisance and remedied. Such notice shall be given not less than ten nor more than 30 days before the time of hearing. On the date fixed for the hearing and pursuant to the notice, the Village Board shall hear all objections made by the owner or occupant. If after consideration of all the evidence, the Village Board shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the said public nuisance at once. Should the owner or occupant refuse or neglect to promptly comply with the order of the Village Board, the Village Board shall proceed to cause the abatement of the described public nuisance and may levy and assess the costs and expenses of the work upon the real estate so benefitted as provided for in § 91.04 and in addition, in the event that the owner or occupant of the premises fails to correct and eliminate said nuisance pursuant to the notice provided herein, the owner shall be guilty of a misdemeanor and fined as provided for in § 91.99.
(1996 Code, § 4-303) (Ord. 02-01, passed 5-7-2002; Ord. 12-13, passed 10-1-2012; Ord. 2016-24, passed 9-13-2016; Ord. 2019-25, passed 8-13-2019)