§ 6.01.050. Abatement of nuisances.

(a)

Notice of abatement. Upon the discovery of any nuisance on public or private property within the Town, Neighborhood Services shall notify the owner or occupant of the property to remove and abate from the property the thing or things herein described as a nuisance within the time specified in the notice.

(1)

The time for abatement of a nuisance posing an imminent danger of damage or injury to or loss of life, limb, property or health or where there is an illicit discharge shall not exceed twenty-four (24) hours.

(2)

The reasonable time for abatement for all other nuisances shall not exceed seven (7) days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven (7) days or that a good-faith attempt at compliance is being made.

(3)

If the owner or occupant fails to abate the nuisance within the time stated in the notice, Neighborhood Services may proceed to have the nuisance removed or abated from the property without delay.

(4)

In no event shall the notice described by this Section be required prior to the issuance of a summons and complaint for a criminal nuisance violation, for nuisances found on public property or for nuisances created by the placement of evicted property.

(b)

Service of notice. Neighborhood Services may serve written notice to abate by one (1) of the following methods:

(1)

Personally delivering a copy of the notice to the owner of the property described in the notice;

(2)

Personally delivering a copy of the notice to the nonowner occupant or resident of the property described in the notice and mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the owner as reflected in the county real estate records; or

(3)

Mailing one (1) copy of the notice by certified mail, return receipt requested, and a second copy of the notice by regular mail to the last known address of the owner of the property described in the notice as reflected in the County real estate records. If the property is unoccupied, a copy of the notice shall also be posted in a conspicuous place at the unoccupied premises.

Personal service shall be deemed complete upon the date of personal delivery or three (3) business days after the date of mailing as required herein.

(c)

Any written notice issued pursuant to Subsection (b) above shall include:

(1)

A description of the nuisance;

(2)

A date by which the nuisance must be abated;

(3)

A statement informing the owner or occupant that, if the nuisance is not abated within the time specified, the nuisance may be abated by the Town and the individual may be charged in Municipal Court for violating the provisions of this Chapter.

(4)

A statement that, if Neighborhood Services abates the nuisance, the Town is entitled to recover the actual cost of abatement, which shall be based upon a schedule of costs prepared by Neighborhood Services, plus an administrative fee of fifteen percent (15%) of the abatement costs.

(5)

A statement that, if the cost of abatement is not paid, a lien may be placed upon any property on which the abatement was performed. Failure to substantially comply with this notice shall not invalidate the proceedings.

(6)

A statement that the owner or occupant of the property, within the period of notice, may protest the findings of the authorized inspector pursuant to Section 6.01.080 below.

(Ord. 5.68 §1, 2008)