(A) Inspection of premises. Whenever complaint is made that a public nuisance exists, or has existed, within the town, the Town Council, Chief of Police, or some other town official whom the Mayor shall designate shall forthwith inspect or cause to be inspected the premises and shall make a written report of his or her findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Town Administrator.
(B) Summary abatement.
(1) Notice to owner. If the inspecting officer determines that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Mayor may direct the Chief of Police to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting, or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the town will cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the same, as the case may be.
(2) Abatement by town. If the nuisance is not abated within the time provided or if the owner, occupant, or person causing the nuisance cannot be found, the Town Council, Chief of Police, or some other town official whom the Mayor shall designate, shall cause the abatement or removal of such public nuisance.
(C) Hearing before Council. If the inspecting officer determines that a public nuisance exists on private premises, but the nature of such nuisance is not such so as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, he or she shall file a written report of his or her findings and the Town Administrator shall forward the same unto the Council for disposition as hereinafter set forth.
(1) If Council shall receive a written report as set forth above, Council shall make a preliminary determination whether the act set forth in the written report constitutes a nuisance as defined in this chapter, and if Council determines that there are reasonable grounds to believe that the acts complained of in the written report, constitute a violation of this chapter, Council shall set a time and place for a full hearing on the allegations contained in the written report.
(2) Council shall cause a copy of the written report and notice of a hearing for it to be served upon the owner, occupant, or person causing, permitting, or maintaining such nuisance, preferring first to give such notice in person, but, if the owner, occupant, or person causing or permitting or maintaining such nuisance cannot be found, then notice shall be served by any other means calculated to give notice of the hearing to the owner, occupant, or person causing, permitting, or maintaining such nuisance.
(3) At such hearing, the Town Council, Chief of Police, or some other town official whom the Mayor has designated, shall present evidence with regard to the allegations contained in the written report, and the owner, occupant, or person causing, permitting, or maintaining such nuisance may appear at such hearing and present such evidence as that person deems appropriate with regard to the matters set forth in the written report.
(4) After presentation of all matters before Council, Council shall determine whether acts set forth in the written report constitute a nuisance pursuant to this chapter. If Council so finds, Council shall further direct the appropriate town officials to, among other things, void any licenses issued by this town for the operation of any commercial establishment and/or direct the Town Attorney to bring such action in the Circuit Court of the county, to permanently enjoin the nuisance and/or to remediate the nuisance.
(Ord. 19-005, passed 9-23-2019; Am. Ord. 22-002, passed 10-10-2022)