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§ 150.01  AUTHORITY OF COUNCIL TO DECLARE PUBLIC NUISANCE.
   (A)   The Town Council may pass a resolution which declares any building, structure, premises, or any part thereof in violation of § 150.02 of this chapter to be a public nuisance.
   (B)   The Town Council may declare as a public nuisance any building, structure, premises, or any part thereof which:
      (1)   Exists in an impaired structural condition or state which makes it unsafe to any person;
      (2)   Constitutes a fire hazard;
      (3)   Due to its age or condition, creates a hazard to public health, safety, sanitation, or welfare; or
      (4)   Attracts or provides possible harboring for pests, including but not limited to rats, mice, termites, or other vermin or animals.
(1995 Code, § 150.01)
Cross-reference:
   House Maintenance and Occupancy Code, Chapter 151
   Nuisance abatement, see Chapter 92
   Repairs; unfit structures; demolition, see  §§ 151.095 through 151.097
§ 150.02  PROHIBITION.
   No person shall maintain or operate any building, structure, or premises, including yard or lot, or any part thereof so as to:
   (A)   Be detrimental to the public health, safety, or public welfare; or
   (B)   Cause or produce a nuisance as set forth in § 150.01.
(1995 Code, § 150.02) Penalty, see § 150.99
§ 150.03  REMEDIAL ORDER.
   (A)   Upon enactment of a resolution in accordance with § 150.01, the Town Council shall issue an order compelling the owner, occupant, or agent of the owner or occupant of the property described in the resolution to take remedial action to correct the nuisance.
   (B)   The Town Council may order the person to whom the order is issued to take one or more of the following remedial actions:
      (1)   To correct or repair the building, structure, premises, or any part thereof;
      (2)   To seal the building, or structure, or any part thereof so that it is not accessible to any human or animal;
      (3)   To exterminate or eliminate any animal or vermin existing on the property;
      (4)   To remove any health or sanitation hazards existing on the property; or
      (5)   Any other remedy reasonably necessary to abate the public nuisance.
(1995 Code, § 150.03)
§ 150.04  CONTENTS OF REMEDIAL ORDER.
   An order issued according to § 150.03 of this chapter shall contain the following information:
   (A)   The name of the person to whom the order is issued;
   (B)   The address and a brief description of the property which is the subject of the order;
   (C)   The action which the order requires the person to perform;
   (D)   The period of time in which the action is to be accomplished, beginning the day after service of the order has been accomplished.  In no case shall the period allotted for remedial action be less than four days after service of the order;
   (E)   A statement indicating that:
      (1)   The Town Council enacted a resolution declaring the property to be a nuisance;
      (2)   The person to whom the order is directed has the right to demand a prompt hearing before the Town Council at which hearing that person has the right to:
         (a)   Appear with or without legal counsel;
         (b)   Present evidence; and
         (c)   Cross-examine opposing witnesses and make argument.
      (3)   If a hearing is requested, the Town Council, after conducting the hearing, may modify or rescind the order; and
      (4)   The person to whom the order is directed may appeal the Town Council’s remedial order to a court of competent jurisdiction, regardless of whether a hearing in accordance with division (E)(2) above has been requested or held.
   (F)   A statement indicating the action that may be taken by the Town Council if the order is not complied with; and
   (G)   The name, address, and telephone number of the Town Attorney.
(1995 Code, § 150.04)
§ 150.05  SERVICE OF REMEDIAL ORDER.
   (A)   An order issued according to § 150.03 shall be served as follows:
      (1)   By personally delivering a copy of the order to the person being notified;
      (2)   By sending a copy of the order by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested; or
      (3)   By leaving a copy of the order at the person’s home or place of business or employment with some person of suitable age and capacity.
   (B)   If service, after a reasonable effort, cannot be obtained by a means described in division (A) above, service may be made by publication.  Where service is made by publication, a notice of the order shall be published two times, at least one week apart, in a newspaper published in the town, and which is authorized by law to publish notices, or in a newspaper of general circulation in the county, which is authorized by law to publish notices, in the event there is no qualifying newspaper published in the town.
   (C)   Where service is made by any of the means described in this section, except by mail or by publication, the person making service shall make an affidavit stating:
      (1)   Service has been made;
      (2)   The manner in which service was made;
      (3)   The nature of the order; and
      (4)   The date of service.
(1995 Code, § 150.05)
§ 150.06  ENFORCEMENT PROCEEDINGS.
   (A)   In the event that the person to whom the remedial order is directed does not comply with the terms of that remedial order, the Town Council may institute an action in a court of competent jurisdiction to enforce the remedial order.
   (B)   Upon judicial approval of the Town Council’s remedial order, the Town Council may proceed to abate the nuisance, including the remedy of total partial destruction of the property maintaining the nuisance.
(1995 Code, § 150.06)
§ 150.07  COSTS OF ABATEMENT.
   (A)   The costs of abating the nuisance shall be charged to the person to whom the remedial order is issued or to anyone the court shall direct.
   (B)   Costs may be assessed against the property as a lien.
   (C)   In the event that amounts received by the Town Council exceed the actual costs of abatement, the excess shall be paid to the person to whom the remedial order was issued, or to whomever the court may direct.
(1995 Code, § 150.07)
MOBILE HOMES
§ 150.20  DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   MOBILE HOME.   Any vehicle or other portable structure which is designed to move on the highway, and designed or used as a dwelling as manufactured, which includes any addition to the structure.
(1995 Code, § 150.20) (Ord. 6-1976, passed 5-20-1976)
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