[1]
Editor's Note: Former § 30-51, which pertained to
determination and derived from Code 1985, § 8-6, was repealed
3-7-2005.
[Ord. of 3-7-2005]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
As used in this article means and includes, but is not limited
to, dangerous or unhealthy substances which have escaped, spilled,
been released, or which have been allowed to accumulate in or on any
place, the accumulation of weeds on private and public property, the
accumulation of snow on sidewalks, the accumulation of offensive,
unwholesome, unsanitary or unhealthy substances in or on any place
or premises, and all unsafe, dangerous, or unsanitary public or private
buildings, walls, or structures which constitute a menace to the health
and safety of the occupants thereof or the public.
As used in this article means and includes, but is not limited
to, the owner, occupier, or possessor of the premises where a nuisance
as defined above is located. The owner or agent of the owner of the
material which escaped, spilled or was released and the owner or agent
of the owner who was transporting or otherwise responsible for such
material and whose acts or negligence caused such public nuisance.
[Ord. of 3-7-2005]
(a)
It shall be unlawful for any responsible party to create or allow
to be maintained within the Town any activity or condition which constitutes
a nuisance as previously defined in this article.
(b)
Violation of this section shall be punishable by a fine not to exceed
$1,000. Each day's continuance of a nuisance after notice to abate
shall constitute a separate offense.
[1]
Editor's Note: Former §§ 30-61 through 30-64,
which pertained to powers and duties of the Town Manager, notice,
court proceedings, and penalties, and which derived from Code 1985,
§§ 8-7 through 8-9, were repealed 5-7-2005.
[Ord. of 3-7-2005]
When a designated Town official shall declare any condition
or activity in the Town to be a nuisance, the Town Manager is hereby
vested with the authority to require the abatement or removal of all
nuisances, employing all methods of abatement allowable by law.
[Ord. of 3-7-2005]
(a)
Whenever a nuisance is found by a designated Town official to exist
on premises in the Town, it shall be his duty to provide reasonable
notice to abate to the responsible party who created or maintained
the nuisance. The responsible party shall cause such nuisance to be
abated within 30 days of proper reasonable notice being given, and
if he fails to do so, the same may be abated, razed or removed by
the Town at the expense of the responsible party. All costs of said
abatement, razing or removal will be collected in any manner provided
by law for the collection of state or local taxes.
(b)
If the identity of such responsible party cannot be ascertained,
the written notice to abate may be posted in a conspicuous location
upon the property on which the nuisance is located and by publication
of the said notice in a local newspaper having general circulation
within the Town.
(c)
Every charge of abatement in excess of $200 which is assessed to
the owner of any such property to which a nuisance is sought to be
abated shall constitute a lien against such property, and all such
liens shall have the same priority as other unpaid local taxes and
shall be enforceable in the same manner as provided by state law.
The Town may waive such liens in order to facilitate the sale of the
property; however, such liens may only be waived as to a purchaser
who is unrelated by blood or marriage to the owner and who has no
business, association with the owner. All such liens shall remain
a personal obligation of the owner of the property at the time the
liens were imposed.
(d)
Notwithstanding the abatement procedures set forth previously herein,
the Town may maintain an action to compel a responsible party to abate,
raze or remove a public nuisance, or to recover the costs of said
abatement, razing or removal of the public nuisance.
