The abatement or mitigation of conditions which constitute a public nuisance prohibited by this chapter shall be accomplished under the provisions of this section.
A. Upon its own initiative, or within thirty (30) days of receiving a written, signed complaint that a condition of community decay exists, the department shall inspect the subject property to determine whether there is a violation of this chapter.
B. If it is determined that there is a violation of this chapter, the Town of Valier shall notify the owner, manager, or lessee of the property, or other responsible party as required by this section of the violation and order its abatement or mitigation within thirty (30) days. The notice of the violation shall:
1. Include a statement specifically describing the violation;
2. Specify that the owner, manager, or lessee, or other responsible party that if the violation is not resolved, the Town of Valier may undertake abatement or mitigation and assess the costs to the owner;
3. Advise the owner, manager, or lessee, or other responsible party that if the violation is not resolved the Town of Valier may undertake abatement or mitigation and assess the cost to the owner; and
4. If the owner, manager, or lessee of the property, or other responsible party can be reasonably determined and located, then the Town of Valier shall notify that person or those persons by certified mail return receipt requested. If the owner, manager, or lessee of the property, or other responsible party cannot be determined after a diligent search of public records, then the Mayor may authorize the town of Valier to give notice of the violation by prominently posting a notice on or near the property and publishing a notice in a local newspaper once a week for two (2) consecutive weeks. The last date of publication shall be not less than five (5) days prior to any action taken by the town of Valier. The notice shall include the name of the last known owner, legal description and commonly known address of the property, and a description of the violation. The notice shall also state that if a violation is not resolved within thirty (30) days of the date of the first publication, the Town of Valier may undertake abatement or mitigation without further notice and assess the cost to the last known owner of the property.
C. Within seven (7) days of receipt of the notice of violation, the owner, manager or lessee, or other responsible party may submit a plan to the Valier Town Council which shall include:
1. A complete description of the plan to be undertaken;
2. The date for commencement of the corrective action; and
3. A date for completion of the corrective action. An extension may be granted at the discretion of the Valier Town Council.
D. The Valier Town Council may accept or reject the plan, accept the plan with modifications, or request additional information before making a final determination.
E. The owner, manager, or lessee, or other responsible party may appeal the Valier Town Council's final decision according to the procedure set forth in section 4-1-10
. (Ord. 193, 5-13-2024)