HomeMy WebLinkAbout2002-10 · · ORDINANCE NO. 2002-10
REVISING PROVISIONS OF SECTION 1-6 OF THE DANVILLE MUNICIPAL
CODE RELATING TO THE ABATEMENT OF NUISANCES
The Danville Town Council does ordain as follows:
SECTION1. REVISING PROVISIONS OF SECTION 1-6 OF THE DANVILLE
MUNICIPAL CODE.
The following provisions of Section 1-6 of the Danville Municipal Code are. hereby
amended to read as follows:
SECTION 1-6
ABATEMENT OF NUISANCES
1-6.2 Notification of Nuisance. Whenever the Code Enforcement Officer determines
that a public nuisance exists as defined in Section 1-5.4 of this Code, the property owner
shall be provided with a written Notice to Abate. The Notice to Abate shall contain the
following information: a description of the conditions constituting the public nuisance;
the acts necessary to abate the nuisance; and, a reasonable time limit, in no event less
than 10 working days nor more than 30 days, to correct the violation. If the nuisance is
abated within the specified time, no further action shall be taken.
1-6.3 Notification of Hearing. If the nuisance is not abated within the time limit
specified in the Notice to Abate, the Code Enforcement Officer shall provide the.
property owner with a notice of hearing before the Town Council. This notice shall
describe the nuisance and required abatement, the time and location of the hearing, the
property owners right to present evidence at the hearing and a statement advising the
property owner that if the property is found to be a public nuisance, the nuisance may
be abated by the Town, with the costs of such abatement being assessed against the
property. This notice shall be provided to the property owner at least 10 calendar days
prior to the hearing.
1-6.4 Hearing by Town Council. The Town Council shall conduct a hearing to
determine whether a public nuisance exists and what acts are necessary to abate the
nuisance. The Town Council shall consider all relevant evidence and shall make a
written determination as to the existence of the nuisance and the actions necessary to
abate the nuisance. The decision shall specify that the property owner shall abate the
nuisance within 30 days after the decision is mailed to the property owner and posted
at the property or that the Town will abate the nuisance pursuant to subsection 1-6.6 of
this Code. The decision of the Town Council shall be final.
1-6.8 Summary Abatement of Immediate Dangers. Whenever any condition on or Use
of prope~'ty causes or constitutes or reasonably appears to constitute an imminent or
immediate danger to. the health or safety of the public, the Town Manger, or designee,
shall have the authority to summarily abate the nuisance without prior notice or
hearing. Summary abatement shall be limited to those actions necessary to eliminate
the immediate threat to the public health or safety. The expenses of any such summary
abatement shall be assessed against the property pursuant to subsection 1-6.7 of this
code.
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk §hall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
PAGE 2 OF ORDINANCE NO. 2002-10
The foregoing ordinance was introduced on November 6, 2002 and approved and
adopted by the Danville Town Council at a regular meeting held on November 19, 2002,
by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Waldo, Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY ~
ATTEST:
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2002-10 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 3 OF ORDINANCE NO. 2002-10