§ 92.08 SUMMARY ABATEMENT.
   (A)   Whenever it is practical to do so, the Town Board of Trustees has the power summarily to abate any such nuisance, after notice to the owner and opportunity to be heard, if this can be done.
   (B)   Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals, or welfare of one or more persons or the public generally, and it is recognized that, in such circumstances, the Mayor (or a representative) may be justified or required to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger, until more deliberate action can be taken toward such abatement.
   (C)   The Fire Chief, the Chief of Police, the Town Attorney, the Health Official, any Trustee, any resident of the town, or any other officer subordinate to the Town Board of Trustees, may submit to said Town Board a statement as to the existence of a nuisance as defined by state law or the ordinances of the town, and a request or recommendation that it be abated.
   (D)   The Town Board of Trustees shall determine whether or not the alleged nuisance is a nuisance in fact, and before proceeding to have the nuisance abated, said Town Board shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person alleged or deemed responsible for, or to be causing, the nuisance, and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service (by a police officer), if his, her, or their names and addresses are known; if the names and addresses are not known, and the peace, health, safety, morals, or welfare of the person, persons, or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a newspaper of general circulation within the town or county.
   (E)   If the Town Board of Trustees finds that a nuisance does in fact exist, it shall direct the owner and/or other persons responsible for, or causing the nuisance, to abate it within a specified time if the peace, health, safety, morals, or welfare of the person, person, or public adversely affected would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals, or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specific time, the Town Board of Trustees shall direct the Mayor to abate the nuisance or have it abated, if summary abatement is practical.
   (F)   The Town Clerk/Treasurer shall send a statement of the cost of such summary abatement to the owner and/or other person responsible for, or causing, the nuisance, as may be just under the circumstances, if his, her, or their name(s) and address(es) are known. Until paid, such cost shall constitute a debt to the town, collectible as other debts of the town may be collected.
(Prior Code, Ch. 13, Art. 2, § 11)