12.03A.030 Declaration of Chronic Nuisance Property and Procedure.
(1) The chief law enforcement officer may declare that a property is a chronic nuisance property, as defined in this chapter, when there are specific facts and circumstances documenting the occurrence of three or more nuisance activities on a property within sixty days or seven or more nuisance activities within a twelve month period. The chief law enforcement officer shall provide written notice of this declaration (hereinafter the “notice of declaration of chronic nuisance”) to the persons in charge of the property. The notice of declaration of chronic nuisance shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. The notice of declaration of chronic nuisance shall contain:
(a) The street address or legal description sufficient for identification of the property;
(b) A declaration that the chief law enforcement officer has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred;
(c) A notice that the owner and other persons in charge of the property are subject to monetary penalties as set forth in §12.03A.050 (the “Penalties” section, below);
(d) A demand that the owner and other persons in charge respond to the chief law enforcement officer within seven days of service of the notice to discuss a course of action to correct the nuisance;
(e) A notice that, if the person in charge does not respond to the chief law enforcement officer as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the chief law enforcement officer, the Town may file an action to abate the property as a chronic nuisance property pursuant to §12.03A.060 (the “Commencement of Action – Enforcement” section, below), and/or take other action against the property or person in charge.
(2) When a notice of declaration of chronic nuisance is issued pursuant to this section to a person in charge, other than an owner or an owner’s agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be sent by first class mail or personally served on the owner of the property, and a copy shall be sent by certified mail.
(3) If the owner or person in charge responds as required by the notice of declaration of chronic nuisance and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements set forth in §12.03A.040 below, shall be executed.
(4) If (1) the agreed course of action does not result in the abatement of nuisance activities to the satisfaction of the chief law enforcement officer within thirty days of issuance of the notice of declaration of chronic nuisance or within such longer period as permitted in writing by the chief law enforcement officer or (2) the person in charge fails to respond as required by the notice, the chief law enforcement officer may refer the matter to the Town Council with a recommendation that the Town Council authorize the Town Attorney to initiate proceedings pursuant to §12.03A.060 (“Commencement of Action – Enforcement”, below). (Ord. 419-N, §1, 2012)