§ 94.04 ABATEMENT AND COST.
   (A)   No owner(s), occupant, lessee, or agent shall allow property under their control to become a storage location for any unlicensed or derelict vehicle or junk as described in this chapter. Notice that a nuisance exists shall be given no more than once in any calendar year for property located within the Town, and thereafter action may be taken against the owner(s), occupant, lessee, or agent of said property without the requirement to provide additional notice. When notice is given, the owner(s), occupant, lessee, or agent thereof shall have ten business days to abate the nuisance condition. Notice shall be deemed given when the Special Municipal Officer (SMO), whose duties include municipal code enforcement, gives verbal notice followed by written notice sent by certified mail to the owner(s), occupant, lessee, or agent of the property. The Special Municipal Officer (SMO) shall send written notice by certified mail to the last known occupant or owner(s) address. The owner(s) of the property is ultimately responsible for correcting the nuisance.
   (B)   Failure to abate the nuisance and bring the property into compliance within ten business days of the issuance of the ten business day notice or permitting the property to again deteriorate into a nuisance state anytime within the calendar year in which the notice has been issued for the property, may result in additional action being taken. Additional action may include, but is not limited to, the issuance of a citation with a fine and a mandatory court appearance.
   (C)   A statement that a hearing upon the allegations of a nuisance may be requested by the owner(s), occupant, lessee, or agent of the property by giving written notice to the clerk of the court within ten business days from the date of delivery of the notice. The request must specify the property at issue, the requesting party's name and address, and the nature of the interest held by the requesting party. Upon that request a hearing will be scheduled to determine if a nuisance exists. If a hearing is not requested the right to a hearing, and the issue of whether a nuisance exists shall be waived. The Court will issue its findings to the Town.
(Ord. 2021-17, 10-20-2021)