[Amended 10-12-1992]
Various nuisances are defined and prohibited
in other chapters of this Code, and it is the intent of the Town Council
in enacting this chapter to make it supplemental to those other chapters
in which nuisances are defined and prohibited; and the provisions
of this chapter relating to the abatement of nuisances shall be regarded
as secondary methods and procedures for the abatement of nuisances
in those instances where other methods and procedures for abatement
are provided.
It shall be unlawful for any person to cause,
harbor, commit or maintain or to suffer to be caused, harbored, committed
or maintained any nuisance as defined by the statute or common law
of this state or as defined by this Code or other ordinance of the
Town at any place within the Town.
Each owner, lessee, tenant, occupant or person
in charge of any real property within the Town and each agent or representative
of any such person is hereby charged with responsibility for the maintenance
and use of such real property in such manner that no use of or activity
or condition upon or within such real property shall constitute a
nuisance; and all such persons are hereby charged with the duty of
observing all of the provisions of this chapter, but such responsibility
shall not be construed to permit any other person not charged with
such responsibility to commit or maintain any nuisance upon or within
any real property in the Town.
[Amended 10-12-1992]
It shall be the duty of the Manager and the
Chief of Police to cause inspections to be made from time to time
of all portions of the Town to determine whether any condition exists
or activity is being practiced which constitutes a nuisance; and they
shall cause any investigation to be made upon complaint made by any
three persons, and an investigation by Town official shall be performed.
Town officers shall have the right to enter upon private premises for the purposes specified in §
97-5, upon compliance with all applicable provisions of law.
If at any time Manager or Police Chief shall
find that a condition which constitutes a nuisance exists within the
Town, he shall give notice, in writing, to the owner, occupant or
person in charge of the premises upon which such condition exists,
stating therein the condition which constitutes a nuisance and directing
such addressee to remedy the condition within the time stated in such
notice, which shall be not more than 30 days; and it shall be unlawful
for any such owner, occupant or person in charge to fail to comply
with the terms of such notice, provided that any owner, occupant or
person in charge may, prior to the next regularly scheduled Council
meeting, appeal to the Town Council, in which case the terms of such
notice shall be stayed pending action of the Town Council, which shall
be final; provided, further, that if the officer giving notice shall
state in such notice that the condition which constitutes a nuisance
is such as to be an immediate hazard to the life and health of the
public or any person within or near the premises upon which such nuisance
exists, then the addressee shall comply with the terms of such notice.
[Amended 10-12-1992]
Nothing in this article shall be construed to
prohibit any police officer from arresting any person from committing
or maintaining a nuisance when such arrest is made pursuant to law.