A. Notice To Abate: Whenever a nuisance is found to exist within the village, the compliance officer, the police chief or some other duly designated official of the village shall give ten (10) days' written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
Failure, however, to give such notice shall not constitute a defense to enforcement of the payment of any penalty or other remedy provided for or created under the provisions of this chapter.
B. Contents Of Notice: The notice to abate a nuisance issued under the provisions of this chapter shall contain:
1. An order to abate the nuisance or to request a hearing within a stated time which shall be reasonable under the circumstances;
2. The location of the nuisance, if the same is stationary;
3. A description of what constitutes the nuisance;
4. A statement of acts necessary to abate the nuisance;
5. A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the village will abate such nuisance and assess the cost thereof against such person;
6. A statement that the creation or maintenance of a nuisance or the allowing of same is subject to a maximum fine of five hundred dollars ($500.00).
C. Service Of Notice: The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
D. Abatement By Village: Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the compliance officer or other duly designated official of the village shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
E. Emergency Abatement By Village: When, in the opinion of the compliance officer or other duly designated official, there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the compliance officer or duly designated official is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The compliance officer or other duly designated official shall immediately post the premises, warning of the dangerous condition and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.
F. Village's Costs Declared Lien; Collection As Taxes:
1. Any and all costs incurred by the village in the abatement of a nuisance under the provisions of this chapter or any fines levied hereunder shall constitute a lien against the property upon which such nuisance existed and a notice of lien shall be filed with county recorder of deeds.
2. Such remedy on behalf of the village shall not be exclusive and all other remedies at law or in equity shall be available to the village for enforcement of such lien or recovery of the expenses incurred. (Ord. 251, 3-7-1988)