A. Any person violating any provision of this chapter shall be given written notices specifying the violation and requiring the owners or occupants, as the case may be, to eradicate, destroy or remove the same within such time as the inspector may designate, which shall not be less than ten (10) days from the date of said notice.
B. With respect to a motor vehicle or parts thereof, a ten (10) day notice of intent to abate and remove the vehicle as a public nuisance shall be mailed to the owner of the vehicle, unless ownership cannot be determined using reasonable means.
C. All notices required herein shall be deemed sufficient if delivered or mailed by regular mail with postage prepaid, and in the case of an absentee owner addressed to such owner at his last known address as disclosed by the records of the County Assessor.
D. Notice by mail shall be deemed received three (3) days following the date of mailing, regular mail, postage prepaid to the last known address indicated on the records of the County Assessor.
E. If any owner or occupant of the property described in said notice shall fail or neglect to eradicate, destroy and/or remove such violation in accordance with such notice, a second written notice shall be sent notifying the owner or occupant of the property that the Town shall remove or cause to be removed such weeds, garbage, refuse, objects or structures within such time as the inspector may designate, which shall not be less than ten (10) days from the date of said notice.
F. In connection with the second notice of violation, the owner/occupant shall be given notice of the right to request a hearing before the Mayor and Town Council as outlined hereinafter. A request for such hearing must be made in writing and delivered to the Town Recorder within ten (10) days of the second notice.
G. The Town will prepare an itemized statement of all expenses incurred in the removal and destruction of the same and shall mail a copy thereof to the property owner demanding payment within thirty (30) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail with postage prepaid addressed to the property owner's last known address. In the event the owner fails to make payment of the amount set forth in said statement to the Town within thirty (30) days, the Town may cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer as hereinafter provided.
H. In the event collection of said costs are pursued through the courts, the Town may sue for and receive judgment upon all of said costs of removal and destruction together with reasonable attorney's fees, interest and court costs. The Town may execute on such judgment in the manner provided by law.
I. In the event that the Town elects to refer the matter to the County Treasurer for inclusion in the tax notice of the property owner, the Town shall make a certified and itemized statement of all expenses incurred in the removal and destruction of the same, and shall deliver the statement to the County Treasurer within ten (10) days after the expiration of the 30-day period provided for such payment.
J. In the enforcement of this chapter, the Town or its designated agent shall have the right to enter upon private or public property to examine conditions or property believed to be a nuisance and conduct an investigation, remove or cause to be removed the property, garbage or vegetation constituting the nuisance and such shall not constitute a trespass. (Ord. 2019-01.1, 1-10-2019)