§ 8.16.010. Hazardous and dangerous buildings.

A.

Whenever the mayor and commissioners determine that the condition of any dwelling, house, building, structure, excavation, matter or thing or the lot on which it is situated, or the plumbing, sewage system, drainage, light or ventilation thereof constitutes a danger or detriment to public life, health, safety or comfort, it may order that such condition be remedied, abated or eliminated.

B.

The owner of such property, or his agent, shall be provided with any order issued hereunder. If the owner or his agent cannot be located or their whereabouts are unknown, then the order shall be posted on such property at a location which may reasonably and readily be observed by persons in the vicinity thereof.

C.

The order shall state:

1.

The nature of the dangerous condition that must be abated, remedied or eliminated;

2.

That the order must be complied with within fourteen (14) days, or a period deemed reasonable by the mayor and commissioners, after service or posting;

3.

That in the event of noncompliance, such order may be executed by the town through its officers, agents, or contractors;

4.

That the expense incurred incident to the execution of the order shall be paid by the owner of the property;

5.

That such expense may be recovered by the town by appropriate legal action and shall constitute a lien on the property; and

6.

That such owner may request, in writing within fourteen (14) days from the receipt or notice of such order, an opportunity to appear before the mayor and commissioners to show cause why the order should not be complied with.

D.

Upon receipt or notice of such order, the property owner shall, upon written request served on the mayor and commissioners within the fourteen-day period, be afforded an opportunity to appear before the mayor and commissioners to show cause why the terms of the order should not be complied with. Upon receipt of such request, the mayor and commissioners shall promptly hold a hearing at which time the landowner shall be afforded an opportunity to be heard on the matters raised in the order.

E.

If, at the conclusion of the hearing, the mayor and commissioners determined that the order should be complied with, the property owner shall comply with such order within fourteen (14) days, or the period originally assigned by the mayor and commissioners, thereof. If such order is not complied within that time period, then such order may be executed by the town through its officers, agents, employees or contractors, and the expense incurred incident to the execution of said order shall be paid by the owner of said property and such expense may be recovered by the town by appropriate legal action.

F.

In the event that the landowner fails to timely request a hearing, then the order may be executed by the town through its officers, agents, employees or contractors and the expense incurred incident to the execution of the order shall be paid by the owner of the property, and such expense may be recovered by the town by appropriate legal action.

G.

In the event that the condition is of such character as to require immediate and emergency action in order to preserve public life, health, comfort or safety, the mayor and commissioners may proceed to eliminate, abate or remedy such condition and provide to the landowner only such notice as shall under the circumstances be reasonable and proper in the judgment of the mayor and commissioners. When proceeding under this section, the condition may be abated or remedied only to that extent necessary to alleviate the emergency and immediate danger to public life, health, safety and comfort.

H.

In executing any order hereunder, the town may use any means reasonably necessary to remedy, abate or eliminate the condition including, but not limited to, removal, demolition, dismantlement, suspension, alteration or other improvement.

I.

Any expense incurred by the town in eliminating, abating or remedying the condition shall constitute a lien on the subject property and is recoverable by the town in the same nature as other liens on real estate.

(Ord. 95-11 § 1: prior code Art. V § 6)