§ 52-7. Investigation and Response to Public Nuisance.
Department owner notification. Upon declaration of a public nuisance, the Department
shall give written notice of its determination and orders to abate the nuisance to the
owner, occupant and property agent, if applicable. This notice shall be served in person,
by regular mail, or by an officer authorized to serve a warrant and contain the following:
Property location by street address, parcel identification number, or other
Information identifying the nature of the public nuisance at the property.
A summary of the owner's and occupant's responsibilities under this chapter.
Specific orders for abatement or remediation of the public nuisance.
A date for completion of the abatement not to exceed 30 days following the
receipt of the notice unless a shorter time is required due to the Department's
further determination that the immediate abatement is necessary to protect
public and safety. In such cases, the reason for a shortened abatement period
shall be specified.
Information regarding a right of appeal as provided in §52-9 of this Chapter
and that, unless the threat to public is abated or removed in accordance with the
terms of the notice, the Department will have the public nuisance abated or
removed at the expense of the owner under the provisions of
Unknown or absent property owner. In the event the owner of the property is unknown or
absent and has no known representative upon whom the notice can be served, the
Department shall post a written or printed notice on the property stating that, unless the
threat to the public is abated or removed within 30 days, the Department will have the
public nuisance abated or removed at the expense of the owner under the provisions of
Public notification. The Department shall provide information in writing about the public
nuisance declaration and potential hazard(s) to the following persons as applicable and
Child Protection Division in situations of potential child maltreatment or
Adult Protection Division in situations of potential vulnerable adult
maltreatment or endangerment;
Neighbors in close proximity likely to be affected by the conditions found at the
The local municipal clerk;
Local law enforcement officer; or
Other state and local authorities that may have public or environmental
Warning sign. The Department shall post a warning sign when deemed necessary to
further protect the public and safety. The warning sign shall be posted on the entrance(s)
of the structure or property and contain information sufficient to alert visitors or returning
occupants to the site that it may be dangerous to enter, that entry is prohibited unless
authorized by the Department or law enforcement department posting the sign. Any
person other than the Department or designated agent that removes a warning sign shall
be in violation of this Chapter. A draft sign is attached to this Chapter as Attachment 1.
Department abates public nuisance. If the owner, property agent or occupant fails or
neglects to comply with the requirements in the notice provided under subsection A of
this section, then the Department shall abate or remediate the public nuisance described
in the notice. The Department will recoup such costs as necessary to abate the public
nuisance as provided in §52-8 of this Chapter.
Vacating the public nuisance order. Upon Department verification of proper abatement,
remediation or removal at the site, the Department shall issue written notice to those
persons served notice under subsection A of this section that the public nuisance order is
vacated. Notice shall also be provided, as applicable and appropriate, to those persons
provided information under subsection C of this section.