(1) Whenever a public nuisance is found to exist within the town, the town marshal, or his designee, shall give written notice to the owner, occupant, and/or any person holding a beneficial interest in the property upon which such public nuisance exists or upon the person causing or maintaining the nuisance.

(2) The notice shall give the owner, occupant, and/or any person holding a beneficial interest in the property at least 10 days from the date of receipt of the notice, but not more than 60 days, to bring the property into compliance as set forth in the notice.

(3) The notice shall: (a) give a statement of the nature and location of the alleged public nuisance; (b) give a statement of acts deemed necessary to correct the condition; (c) fix a date not sooner than 10 days from the date of the receipt of the notice when said property owner, occupant, and/or any person holding a beneficial interest in the property may appear before the town council to be heard on the question of the alleged public nuisance; and (d) give a statement that if the alleged public nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the town may abate the public nuisance and assess the cost thereof against the owner, occupant, or person having a beneficial interest in the property, and that such costs will constitute a lien against the property.

(4) All notices as herein required shall be personally delivered, sent by U.S. mail, postage prepaid, to the occupant or owner at the address of the property of the owner as determined using any of the following methods:

(5) If a condition exists where there is an immediate threat to safety, health or welfare, the town council president may declare that an emergency exists and waive the 10-day waiting period to provide a 24-hour notice to resident or property owner to cure the offense. If such offense is not remedied, the town may take action to abate the threat. A notice (provided by the postal service, door hanger, telephone call, or an electronic means) to the occupant at the real estate or to the owner at the address to which property tax statements are sent as these addresses are shown by the most current records in the county auditor’s office in which the real estate is located shall be sufficient notice under this subsection. [Added during 2020 recodification.]