§ 93.21 NOTICE TO ABATE.
   (A)   When any condition in violation of this subchapter is found to exist, the Enforcement Officer or such persons as may be designated by the Town Manager (or the Town Manager, himself or herself) shall give notice to the owners of the premises to abate or remove such conditions within ten days. Such notice shall be in writing, shall include a description of the premises sufficient for identification, and shall set forth the violation and state that, if the violation is not corrected within ten days, the town may proceed to correct the same as authorized by this subchapter.
   (B)   Service of such notice shall be by any one of the following methods:
      (1)   By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner;
      (2)   By depositing the notice in the United States post office addressed to the owner at his or her last known address with postage prepaid thereon; or
      (3)   (a)   By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists when notice cannot be served by the methods outlined in divisions (B)(1) and (B)(2) above. The town may notify a chronic violator of the town’s Public Nuisance Ordinance that, if the violator’s property is found to be in violation of this subchapter, the town shall, without further notice in the calendar year in which notice is given, take action to remedy the violation. The expense of such action shall become a lien upon the property and shall be collected as unpaid taxes.
         (b)   The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected. A chronic violator is a person who owns property whereupon, in the previous calendar year, the town gave notice of violation at least three times under any provision of the Public Nuisance Ordinance.
(Prior Code, § 10-143) (Ord. 19-07, passed 6-14-2007; Ord. 25-22, passed 9-8-2022)
Cross-reference:
   Noise nuisances, see §§ 93.01 through 93.05