§ 28-35. Notice of violation.  


Latest version.
  • Whenever the Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of Article III of this ordinance, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
    A. 
    Be put in writing and include a concise statement of the reasons for its issuance.
    B. 
    Allow a reasonable time for the performance of any act it requires. Such reasonable time shall not be less than five days nor exceed 45 days from the date of service of such notice of violation, exclusive of the date of service. However, depending on the nature of the underlying condition at the premises, the Enforcement Officer may extend the period for compliance stated in the notice of violation for an additional period in excess of the stated time frame if, after conducting a follow-up inspection at the expiration of the original period for compliance, said officer determines, in his or her judgment, that the abatement, removal, prevention, cessation or cure of the condition violated reasonably requires an additional extension period, and where there is evidence of intent to comply, said officer may issue another written notice of violation, which shall then be applicable instead of the previously issued notice.
    C. 
    State that unless the violation is abated, removed, cured, prevented or desisted within the indicated time frame, the Town is empowered to cause the condition to be corrected or removed and to seek the recovery of attendant costs.
    D. 
    State that an appearance ticket may be issued for such violation.
    E. 
    Be deemed to be properly and sufficiently served if a copy thereof is personally delivered (as if a summons) to any person, owner or occupant occupying the premises or is sent by certified mail to the last known address of the person or entity upon which the same is served or a copy thereof is left at the usual place of abode or office of said person or entity or if served with such notice by any other method authorized or required under the laws of this state. In the event that the premises are unoccupied or vacant, by affixing a copy of the notice of violation to the front door of the premises, or in such other reasonably visible location, as may be required, and a copy shall also be served by certified mail, return receipt requested, to the owner of record, to the owner and address shown on the current assessment roll of the Town, and to the last known mortgagee who has initiated the foreclosure process, if applicable. If the owner or person in control of said premises does not reside in the County of Nassau, said notice mailed to such owner or person in control of said premises, addressed to his or her last known address, shall be sufficient service thereof.