A. Compliance Required:
1. It shall be the duty of any person receiving the notice of a public nuisance as provided in this chapter to comply with the provisions of the notice and to abate such nuisance within ten (10) days following the receipt of such notice; and if such person shall fail or refuse to abate such nuisance within ten (10) days following receipt of such notice, such failure is declared to be unlawful and shall constitute a misdemeanor. Each day such nuisance persists thereafter shall constitute a separate violation.
2. It is unlawful and shall constitute a misdemeanor for any person, after having received notice as provided in this chapter, to remove any junk from private property to any other private property upon which such storage is not permitted or onto any public property for the purpose of storage. (Ord. 356, 2-19-2009, eff. 7-1-2009)
B. Contents Of Notice; Procedure:
1. Whenever the Mayor, Town Council, or the appointed representative thereof is of the opinion that any condition is a public nuisance as defined herein, the Mayor, Town Council, or the appointed representative thereof, shall attempt to give written notice to the owner of the condition if his or her address is known, and to the owner of the land where the condition is located, and to any other person or entity known by the Mayor, Town Council, or the appointed representative thereof to have a security interest in the junk. The notice shall be attempted by registered mail or by personal service if the address of the individual or entity is known. In the case of junk, and when affixing the notice to the junk is impractical, the notice shall be posted at the site, or on or near the perimeter of the premises, where the nuisance exists. (Ord. 356, 2-19-2009, eff. 7-1-2009; amd. 2014 Code)
2. Such notice shall include substantially the following information:
a. A statement that a certain condition constitutes a "nuisance", as that term is defined within the provisions of this chapter.
b. A description of the real property, by street address or otherwise, on which the nuisance exists.
c. A statement that such nuisance must be abated within ten (10) days following receipt of said notice.
d. A statement that if the nuisance is not abated within the time provided, the Town may abate the nuisance, and the cost of abatement may be charged to the owner of the nuisance or assessed against the land upon which the nuisance exists, or both.
e. A statement that a hearing upon the allegation of a public nuisance and the assessment of costs may be requested by giving written notice to the Town Clerk-Treasurer within ten (10) days following the receipt of said notice, and that the request must specify the property concerning which the request is made, the requesting party's name and address, and the nature of the interest held by the requesting party in the alleged nuisance; that upon request, a hearing will be scheduled to determine whether a public nuisance exists and, if so, the amount of administrative costs and costs of abatement to be assessed; and that if a hearing is not timely requested, the right to a hearing shall be waived.
f. A statement that failure to abate the nuisance may result in a Town abatement, the assessment of costs associated therewith, and/or criminal charges. (Ord. 356, 2-19-2009, eff. 7-1-2009)
3. In the event that notice, as provided in subsection B1 of this section, cannot practicably be given to each individual known by the mayor, town council, or the appointed representative thereof to have an interest in the junk, service shall be made by publication. Such notice by publication shall be made by one publication in a newspaper of general circulation in Carbon County. The notice of publication shall contain the same information required in the notice described in subsection B1 of this section. Notice by publication may contain multiple listings of public nuisances. (Ord. 356, 2-19-2009, eff. 7-1-2009; amd. 2014 Code)
4. Proof of notice shall be made by the certification of any officer or employee of the town, or by affidavit of any person over eighteen (18) years of age, naming the person to whom notice was given and specifying the time, place, and manner of notice. Proof of notice shall be made in each case and maintained for a period of two (2) years from the date of abatement of the nuisance for which notice has been given. (Ord. 356, 2-19-2009, eff. 7-1-2009)