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CD18:15
Supp. No. 9
property will be deemed to be in repeat violation. The owner of the property that
is in repeat violation of the ordinance shall be subject to a civil penalty in the
amount of one hundred dollars ($100.00) per violation starting on the third
violation that shall be issued without further opportunity to abate the nuisance.
Each day the nuisance continues constitutes a separate violation. Such penalty is
payable to the town in accordance with section 18-85.
(4)
If the conditions that constitute a public nuisance are not abated within 30 days of
receipt of the notice, the Town, may cause the conditions constituting a public
nuisance to be abated, and the cost of the abatement shall constitute a lien against
the land.
(5)
Within the 15 day period referenced in subsection (1), the owner of the property
where the nuisance exists may appeal the findings of the code enforcement officer
to the Town Council by giving written notice of appeal to the Planning
Department. No civil penalty will be assessed nor will any nuisance abatement
activity be undertaken by the town until there has been a determination on the
property owner's appeal by the Town Council. In the event no appeal is received,
the code enforcement officer may proceed to assess a civil penalty and/or abate
the nuisance.
(6)
If no appeal is made to the Town Council as herein set out, or the board adopts an
ordinance directing the code enforcement officer to assess civil penalty and/or
abate the declared nuisance, the officer shall assess civil penalty and/or abate the
nuisance by causing the condition to be removed or otherwise remedied. The code
enforcement officer may utilize employees of the town or hire a private contractor
to go upon the premises and remove or otherwise abate such nuisance under the
direct supervision of the code enforcement officer. The code enforcement officer
shall obtain permission of the property owner to enter such property or obtain an
administrative warrant from the county magistrate to enter the property for the
purpose of abating the nuisance.
(7)
In certain instances or may reduce or eliminate civil penalties. All appeals and
forgiveness of civil penalties shall be in accordance with the current Planning
Department Zoning Enforcement and Accounts Receivable Collections Policies
and Procedures.
(Ord. No. 95-1, § 1, 12-16-94; Ord. No. 02-10 of 2-25-2002; Ord. No. 2004-026 of 03-22-2004;
Ord. 2013-087, 10-22-2013)
Sec. 18-85. Notification and collection of civil penalties.
If the nuisance is not abated within 15 days of receipt of notice thereof by the property
owner according to section 18-84, subsection (1) above, the code enforcement officer shall notify
the finance department to commence the levy of the civil penalty effective immediately. The
code enforcement officer shall notify the finance department each seven-day period thereafter
that the nuisance violation continues. It shall be the duty of the finance officer to mail a