(a) Inspections, Investigations and Complaints. The Chief of the Fire Department, the Building Inspector and the Chief of Police shall cause inspections to be made from time to time of all portions of the Town to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and they shall cause an investigation to be made upon complaint made by any responsible person.
(b) Right to Enter Private Premises; Duty of Occupants. Town officers shall have the right to enter, with proper warrant, upon private premises for the purposes specified in subsection (a) hereof, upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
(c) Notice to Cease and Desist when Activity Constitutes Nuisance. If, at any time, a Town officer shall find that an activity or practice which constitutes a nuisance is occurring within the Town, he shall promptly and by the most expeditious means notify the violator to cease and desist such activity or practice forthwith.
(d) Notice to Abate Condition Constituting Nuisance; Appeal. If, at any time, a Town officer shall find that a condition which constitutes a nuisance exists within the Town, he shall give notice in writing to the owner, occupant or person in charge of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance and directing such addressee to remedy the condition within the time stated in such notice, which shall be not more than ten days. No owner, occupant or person in charge shall fail to comply with the terms of such notice; provided, that any owner, occupant or person in charge may, within two days from the service thereof, appeal to Council, in which case the terms of such notice shall be stayed pending action of Council, which shall be final; provided, further, that if the officer giving notice shall state in such notice that the condition which constitutes a nuisance is such as to be an imminent hazard to the health, safety or welfare of the public or any person within or near the premises upon which such nuisance exists, the addressee shall comply with the terms of such notice forthwith.
(e) Failure to Comply.
(1) Upon the failure of any person to whom notice has been given pursuant to subsection (d) hereof to comply with the terms of such said notice or with the terms imposed by Council on appeal, as the case may be, the officer giving such notice may direct the appropriate Town officer to remedy the condition which is the subject of such notice, and the expense incurred by the Town in so doing shall be charged to the addressee of such notice to be collected as a lien against the property filed in the office of the Clerk of the County Commission or in any other manner authorized by law; provided that any person ignoring or failing to comply with such notice shall be deemed guilty of a misdemeanor, punishable as provided in Section 101.99. (Passed 10-11-05)
(2) Abatement by the Town of any condition which constitutes a nuisance and reimbursement to the Town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance.
(f) Arrest. Nothing in this article shall be construed to prohibit any police officer from arresting any person for committing or maintaining a nuisance, when such arrest is made pursuant to law.