Combined Code_2017

building material, building rubbish, or similar items;

(7) Any condition which violates the rules and regulations of the county health department; (8) Any other condition specifically declared to be a danger to the public health, safety, and general welfare of inhabitants of the town and a public nuisance by the Town Council, which proceeding may be initiated by the town manager or his/her designee before the board after giving written notice thereof. Such notice shall state the condition existing, the location and that the board will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, and general welfare of the inhabitants of the town and a public nuisance. After such declaration by the board in the form of an ordinance, the condition will be abated as provided for in this chapter, provided no administrative appeal shall lie from a proceeding pursuant to the subsection and initiated by the town manager or his designee before the Town Council. Upon notice from any person of the possible existence of any of the conditions described in section 18-82, the code enforcement officer shall make such investigation as may be necessary to determine whether conditions exist which may constitute a public nuisance as declared in section 18-82. (Ord. No. 95-1, § 1, 12-16-94) Sec. 18-84. Nuisance abatement procedures. When any public nuisance as set out in section 18-82 is found to exist on any property within the town, the following procedures shall be followed: (1) The code enforcement officer of the town shall notify the owner and any tenant of the premises where the nuisance is located that conditions exist which constitute a public nuisance and that the conditions must be abated within 15 days from receipt of the notice. The notice shall be sent by certified mail, return receipt requested. (2) If the conditions that constitute a public nuisance are not abated within 15 days from receipt of the notice, the owner of the property is in violation of the ordinance and shall be subject to a civil penalty in the amount of fifty dollars ($50.00) per violation. Each day the nuisance continues constitutes a separate violation. Such penalty is payable to the town in accordance with section 18-85. (3) If the conditions that constitute a public nuisance recur three (3) times within one calendar year, at the same property location, then on that third occurrence the (Ord. No. 95-1, § 1, 12-16-94, Ord. 2013-087, 10-22-13) Sec. 18-83. Investigation.

CD18:14

Supp. No. 9