(A) (1) Upon a determination that such conditions constituting a public health nuisance exist, the Town Manager or Code Enforcement Officer shall notify, in writing, the owner/responsible party as shown on the most recent county tax records, occupant and/or person in possession of the premises in question of the conditions constituting such public health nuisance and shall order the prompt abatement thereof within 15 days from the date the notice is served upon persons either personally or by registered or certified mail. When service is made, by registered or certified mail, a copy of the notice may also be sent by regular mail. Notice 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 regular mail is used, a copy of the notice to abate public health nuisance shall be posted in a conspicuous place on the premises affected.
(2) Within the 15-day period mentioned above, the owner, occupant and/or person in possession of the premises where the nuisance exists may appeal the findings of the Town Manager or Code Enforcement Officer by giving written notice of appeal to the Town Clerk, the appeal to stay the abatement of the nuisances until a final determination by the Town Board of Commissioners. In the event no appeal is taken, the town may proceed to abate the nuisance.
(B) The Town Board of Commissioners in the event an appeal is taken as provided in division (A) above may, after hearing all interested persons and reviewing the findings of the Town Manager and/or the Code Enforcement Officer, reverse those findings, but if the Town Board of Commissioners determines that the findings of the Town Manager and/or Code Enforcement Officer are correct and proper, it shall adopt an ordinance specifically declaring that the condition on the property to be a danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and a public nuisance and directing the Town Manager and/or Code Enforcement Officer to cause the conditions to be abated.
(C) An owner of real property whereupon, in the previous calendar year, the town took remedial action at least three times during the previous calendar year to abate a nuisance pursuant to § 93.03(E), shall be deemed a chronic violator. A chronic violator as defined herein shall be notified by the Town Manager/Code Enforcement Officer if property owned, occupied or in possession of the chronic violator is determined to be in violation of § 93.03(E), the town may take action to remedy the violation without further notice during the calendar year in which annual notice is given and the expense of such action including any administrative fees shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice required herein shall be served by registered or certified mail and shall be complete upon delivery or deposit of the notice along with the appropriate fees under the care of the United States postal service.
(D) Abatement of a public nuisance shall consist of taking whatever appropriate steps are reasonably necessary to remove the condition or conditions which result in the declaration of a public nuisance. Without limitation the Town Manager and/or Code Enforcement Officer, in ordering the abatement of a public nuisance, may require the removal of debris, rubbish, accumulations of animal or vegetable matter, growth of weeds and grass, burned or partially burned buildings, the isolation of the condition to be abated so that access cannot be gained by persons or property which may be injured by the nuisance or such other steps which are reasonably necessary to abate the nuisance.
(Ord. passed 9-5-2006)