(A) Upon receiving the report provided for in § 94.37, or upon receipt of equivalent information from any reliable source, the Town Clerk-Treasurer shall place the matter upon the agenda of the Town Board for hearing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At the hearing, the Board shall consider whether the premises, by reason of the conditions specified, are detrimental to the health, benefit, and welfare of the public and the community, or a hazard to traffic, or a fire hazard to property, or any two or more of such conditions.
(B) At least ten days prior to the hearing, the Town Clerk-Treasurer shall give written notice of the hearing by posting upon the premises and by forwarding a copy thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current year’s tax rolls in the office of the Treasurer of the county in which the property is located. If the return receipt shows that the property owner cannot be located, notice shall be given by publication in a newspaper of general circulation one time not less than ten days prior to the date of the hearing.
(C) At least ten days from the date of receipt of the notice by the owner or the date of publication and upon the date specified in the notice, the Town Board shall hear the matter and shall receive information thereon, including anything which may be presented by the owner of the premises, personally or by agent or attorney. If the Board determines that any of the conditions specified in § 94.37 exist upon the premises, it may order the property to be cleaned of trash, or other trash or weeds to be cut, removed, or destroyed unless within ten days from the date of receipt of the notice or date of publication the owner either:
(1) Cuts, removes, or destroys the trash or weeds in accordance with the notice; or
(2) Gives written consent authorizing the town to abate the trash or weeds, thereby waiving his, her, or their right to a hearing.
(Prior Code, § 8-104)