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In an action against a person in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the Town shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter.

In an action against an owner to recover penalties authorized by §12.03A.050(4) (the “Penalties” section, above), the Town shall have the additional burden to prove by a preponderance of the evidence that the owner failed to comply with §12.03A.035 (the “Owner Cooperation” section, above). Copies of police incident reports and reports of other Town departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property’s general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions. (Ord. 419-N, §1, 2012)