(A) Any person may initiate a complaint against a property owner or occupant if, in their opinion, a nuisance condition as defined in this title, exists on a property or lot within the town. The written complaint shall be on a form to be provided by the town, and shall be signed by the complaining party, dated and shall be delivered to the town special municipal officer for investigation. Nothing in this section shall be construed to prevent the initiation of an investigation by a special municipal officer or peace officer or other employee of the town without such a complaint.
(B) Whenever the town receives a written, signed complaint as described above, that any condition is a public nuisance as defined in this chapter, or in the event that an officer or town employee observes a condition which appears to be a public nuisance as defined in this chapter, the town shall investigate such complaint, and if the officer determines that a nuisance exists, the officer shall attempt to give written notice to the owner of the condition, if his or her address is known, to the owner of the land where the condition is located, and to any other person or entity known by the town to have a security interest in the vehicle or junk. The notice shall be attempted by certified mail, return receipt requested, or personal service, if the address of the individual or entity is known. In the case of vehicles, where practical, the notice shall also be affixed to the windshield or some other part of the vehicle where it can be easily seen. Where affixing the notice to a vehicle is impractical, and in the case of junk, the notice shall be posted at the site or on the premises where the nuisance exists. Such notice shall be in effect for the next twelve (12) consecutive months, and the owner of the lot, parcel or vehicle shall be responsible for controlling the nuisance condition as prescribed above for the duration of the twelve (12) month period, without the need for renotification. After the initial notice, any subsequent period of noncompliance shall also be a violation of this section.
(C) Such notice shall include substantially the following information:
(1) A statement that a certain condition is a nuisance within the provisions of section 94.02 of this chapter; in the case of a vehicle, the notice should include the make, year and vehicle identification number if reasonably possible;
(2) A description of the real property, by street address or otherwise, on which the nuisance exists;
(3) A statement that such nuisance must be abated within fifteen (15) calendar days from the delivery of the notice;
(4) 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.
(5) 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 clerk of municipal court within ten (10) calendar days from the date of delivery of the notice, and that a 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; that upon request a hearing will be scheduled to determine if a public nuisance exists and as to the assessment of administrative costs and the costs of abatement; that if a hearing is not so requested the right to a hearing, and the issue of whether a nuisance exists shall be waived;
(6) A statement that failure to abate the nuisance may result in a town abatement and/or criminal charges.
(D) In the event that notice cannot be served by certified mail or in person as described above, service shall be made by publication in a newspaper of general circulation in Lincoln County. The notice by publication shall contain the same information required in the notice described above. The notice shall be published at least twice, with each notice appearing at least seven (7) calendar days apart. Notice by publication may contain multiple listings of public nuisances.
(E) Proof of notice shall be made by certification of any officer or employee of the Town, or 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 thereof. 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. 2023-12, 1-9-2024)