(A) Abatement.
(1) Upon expiration of the seven-day notice period (and any subsequent appeal, if filed), the town may proceed at once to cause the nuisance to be abated and charge the cost thereof against the owner and/or occupant of said property.
(2) The liability created herein shall be joint and severe as to the owners and occupants or tenants, and shall include any attorneys’ fees incurred as part of collection.
(B) Abatement procedure.
(1) In addition to any other remedies or penalties available under the law, the following procedures may be utilized for the abatement of nuisances.
(a) Any personnel so designated by the town and/or the County Commissioners shall be responsible for serving notice upon the owner, occupant, and/or person having control or management of any land, subject to the provisions of this subchapter, of any violation or violations of the provisions of this subchapter, and to demand that the violation or violations be abated within seven days of said service unless the violation constitutes an immediate danger to the health or well-being of the community.
1. In the event that the violation or violations constitutes an immediate danger to the health or well-being of the community, the demand for abatement shall require the violation or violations be abated within 24 hours of said service.
2. Notice shall be served by personal service or certified mail. However, if the address of the owner, occupant, and/or person having control or management of the subject property cannot be ascertained in the exercise of reasonable diligence, the designated person appointed by the town or the County Commissioners, or other designated personnel, shall make an affidavit to that effect and service may be made by publication in a newspaper of general circulation for two consecutive publications. In addition to newspaper publication, a copy of the notice shall be posted in a conspicuous place on the subject premises.
(b) In the event that the owner, occupant, and/or person having control or management of the subject property fails to abate any violation or violations within the time periods contained herein, the town may proceed to abate the violation.
1. The town may utilize independent contractors to assist in abating any violations of this subchapter.
2. Any person or persons utilized by the town to abate any violation of this subchapter shall have full access to the subject property with all necessary personnel, machinery, and equipment.
3. The town shall keep records detailing all costs incurred in order to abate the nuisance with the owner, occupant, and/or person having control or management of the subject property being responsible to the town for those costs.
(c) In the event the town abates any violation or violations of the provisions of this subchapter, the town shall obtain a lien upon the subject property for all costs and expenses incurred as a result thereof including, but not limited to, all costs for labor, equipment, fuel, oil, attorneys’ fees, filing fees, publication fees, court costs, and any other costs or expenses incurred in the enforcement of the lien and any foreclosure action resulting therefrom.
(d) In the event that the owner, occupant, and/or person having control or management of property subject to a lien pursuant to this subchapter fails to reimburse the town of all costs and expenses incurred by the town in abating a violation or violations within 30 days of the violation having been abated, the town or its designated representative may file a statement of lien claim with the County Clerk and Recorder.
1. The statement of lien claim shall contain the legal description for the subject property, the amount of the costs and expenses incurred by the town related to the abatement of the violation or violations as of the date filing, the lien amount claimed by the town, and the date that the nuisance was abated.
2. Notice of the statement of lien claim shall be mailed to the owner, occupant, and/or person having control or management of the property subject to the lien if that person or persons’ address is known.
3. Failure to record the notice of lien statement or to mail said notice to the owner, occupant, and/or person having control or management of the property subject to the lien, or the failure of the owner, occupant, and/or person having control or management of the property subject to the lien shall not affect the town right to proceed with a foreclosure action.
(e) All property subject to a lien for unpaid nuisance abatement expenses and costs shall be sold for nonpayment and the proceeds from such sale shall be applied to pay all costs and expenses incurred by the town in abating said nuisance after deducting costs.
(2) All foreclosure actions brought pursuant to this subchapter shall be in equity and in the name of the town.
(C) Abatement of nuisances.
(1) Whenever a complaint is made that a public nuisance exists or has existed within the town, the Town Marshal shall inspect, or cause to be inspected, the premises and shall make a written report of its findings. Whenever practicable, the Town Marshal shall include photographs in his or her report.
(2) Whenever the Town Marshal determines that a nuisance exists, a notice of violation and demand for abatement shall be given to the owner or the person or persons responsible for the property, including, but not limited to, any tenant. The town will take enforcement action only with the owner or responsible party at the time the violation is identified.
(3) Such notice shall be in writing, include a description of real estate sufficient for identification, include a statement or the violation or violations and section(s) of the code violated and why the notice is being issued; include a correction order allowing a reasonable amount of time, of at least seven days (excepting cases of emergency or safety concerns), from the time when the notice is served, to abate the nuisance, and include a notice containing the right to appeal the determination to the Town Council.
(4) When an official finds that a condition existing on a property qualifies as an emergency or safety concern as defined herein the official shall include on the notice of correction order a statement indicating such a finding and allowing a period of time of not less than 24 hours to abate the nuisance.
(5) When an official has reason to believe that there is a property maintenance or servicing company monitoring a given property on behalf of a bank holding mortgage rights to property, or a corporate operator, the official may provide duplicate notice to said property maintenance or servicing company. Providing additional notice under this section shall not eliminate any notice requirement for the owner or responsible party of the property, and shall not render the property maintenance or servicing company liable for failure to abate unless otherwise provided in this subchapter.
(6) Notice shall be deemed to be properly served if a copy is sent by certain return receipt mail, hand delivered by an employee of the town, or by leaving a copy of the notice at the location of the property in a conspicuous location and mailing a copy of the notice by first class mail to the last known address of the person to whom notice must be given.
(7) If an initial notice of violation was provided, a continuous abatement notice may be posted at the property at the time of abatement instead of by equivalent service. A continuous abatement notice shall serve as notice to the real property owner and/or responsible party that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or its contractors.
(D) Fees and collection. In the event the town shall cause to be abated a nuisance on any property, then as compensation of the town for its services in causing the abatement, the owner and/or occupant shall be charged the following fees:
(1) Twenty-five dollars for each inspection necessary to determine compliance;
(2) Fifty dollars for determining private property ownership when necessary;
(3) Twenty dollars for each time a first class letter is written to the occupant or owners;
(4) Fifty dollars per man hour, or fraction thereof, for labor necessary to abate the nuisance;
(5) Seventy-five dollars per machine hour, or fraction thereof, for each piece of equipment used in abating the nuisance;
(6) The actual costs of all material and parts used in abating the nuisance; and
(7) The work is performed by an independent contractor, the owner/occupant shall be required to reimburse the town for all such costs.
(Ord. 1-2021, passed - -; Ord. 3-2021, passed - -)