(A) Where, upon inspection, reasonable cause is found to believe that a nuisance exists, the enforcement authority shall issue a written abatement notice.
(B) (1) Abatement notices shall be served upon any citizen, corporation, partnership, or sole proprietorship who allegedly created the nuisance, or all known holders of substantial property interests in the real estate upon which the nuisance is alleged to exist.
(2) If the resident or occupant of the premises is not the owner of record of the real estate, the enforcement authority is authorized to serve the owner of record as shown in the records of the Auditor of the county in addition to other known holders of substantial property interests, including the resident or occupant.
(C) The abatement notice must contain:
(1) The name of the person, corporation, partnership, or sole proprietorship to whom the order is issued;
(2) The legal description or address of the real estate where the nuisance is located which is the subject of the notice, if applicable;
(3) The action that the notice requires. The ordered action must be reasonably related to abatement of the conditions constituting the nuisance;
(4) The period of time within which the action ordered is required to be accomplished, measured from the time when the abatement notice is served. The time allowed must allow a sufficient time, of at least 48 hours from the time the abatement notice is served, to accomplish the required action. If the notice allows more than 30 days to accomplish the action, the notice may require that a substantial beginning be made in accomplishing the action within the initial 30-day period following service of the notice;
(5) A statement that the order becomes final ten calendar days after notice is served, unless a hearing is requested in writing by the citizen, corporation, partnership, or sole proprietorship, the tenant or occupant, or by a person holding a substantial property interest in the private premises upon which the nuisance is alleged to exist. The request for a hearing must be served upon the enforcement authority prior to the expiration of the aforementioned ten calendar day period;
(6) A statement briefly indicating what action can be taken by the town if there is a non-compliance with the orders contained in the abatement notice; and
(7) The name, business address, and business telephone number of the enforcement authority.
(D) Service of abatement notices shall be made by any of the following means:
(1) Sending a copy of the notice by registered or certified mail to the business address of a corporation, partnership, or sole proprietorship, or the residence or place of business or employment of the person to be notified, with return receipt requested;
(2) Delivering a copy of the notice personally to the person, corporation, partnership, or sole proprietorship to be notified;
(3) Leaving a copy of the notice at the business address of a corporation, partnership, or sole proprietorship, or the dwelling or usual place of abode of the person to be notified;
(4) Posting a copy of the notice in a prominent place upon the premises where the nuisance is located; and
(5) If, after a reasonable effort, service cannot be obtained by any of the means described in divisions (D)(1) through (D)(4) above, service may be made by publishing the notice in a newspaper of general circulation in the county in which the property subject to the notice is located. Publication shall be made one time.
(E) The date when notice is considered given is as follows:
(1) If the notice is delivered personally or left at the business office or dwelling, or usual place of abode, notice is considered given on the day when the order or statement is delivered to the corporation, partnership, or sole proprietorship, or left at a person’s dwelling or usual place of abode;
(2) If the notice is mailed, notice is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the town utility office; and
(3) Notice by publication is considered given on the date of publication.
(F) Where, in the opinion of the enforcement authority, a nuisance exists which creates a substantial and imminent health or safety hazard requiring immediate abatement in order to protect health and safety, the enforcement authority, upon prior approval by the Town Council President, shall abate the nuisance without the necessity of issuing an abatement notice as set out in divisions (A) through (E) above.
(G) It being the intent of this section to promote the abatement of nuisances within the town, in those instances where the nuisance is abated to the satisfaction of the enforcement authority as required in the abatement notice, or as required by the Town Council after hearing, and within the time periods set out in the abatement notice, or within any other extended time periods after the hearing, ordered by the Town Council, no further fines or penalties will be imposed. The enforcement authority shall make written note of the compliance, and the enforcement file shall be closed.
(H) Failure, neglect, or refusal by a person, corporation, partnership, sole proprietorship, or the record owner or his or her agent, or the tenant or occupant, to comply with the orders set out in the abatement notice within the time periods set out therein, or within any extended time periods agreed to by the enforcement authority, shall constitute a violation of this chapter and shall render the party upon whom the abatement notice was served liable to a fine as set forth in § 90.99. Each day’s failure, neglect, or refusal to abate the nuisance during the time period allowed for compliance shall constitute a separate offense under this section. The record owner of the premises upon which the nuisance is found to exist, and the tenant or occupant may be held jointly and severally liable for the payment of fines assessed under this chapter.
(Ord. 2020-10, passed 10-27-2020) Penalty, see § 90.99