Combined Code_NOV2017

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

CD18:15

Supp. No. 9