The text
Sec. 34-86. - Authority to act on nuisances.#
Nothing in this article shall be deemed to abolish or impair any other remedies of the town or its officers or agencies relating to the removal or abatement of nuisances, or to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.
(Code 1986, § 10-106)
Sec. 34-87. - Applicability of the building code.#
Whenever the provisions of this article require the construction, installation, alteration or repair of a dwelling or of its facilities, utilities or equipment, the required work shall be done in full compliance with the applicable provisions of the building code of the town except as provided in section 34-88.
(Code 1986, § 10-107)
Sec. 34-88. - Conflict of ordinances.#
In any case where a provision of this article or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, or any regulation adopted pursuant thereto or any other ordinance, or code or regulation of the town, the provision which established the higher standard for the promotion of the health and safety of the people shall prevail.
(Code 1986, § 10-108)
Sec. 34-89. - Conflict of permits and licenses.#
All departments, officials and employees of the town having the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use of occupancy of dwellings, dwelling premises, dwelling equipment or facilities shall conform to the provisions of this article, and no permit or license for any construction, installation, repair, use of occupancy shall be issued if such would be in conflict with the provisions of this article, except as provided in section 34-88. Any permit or license issued in conflict with the provision of this article except as provided in section 34-88 shall be null and void.
(Code 1986, § 10-109)
Sec. 34-90. - Shift of responsibilities between owner, operator and occupants.#
Nothing in this article shall prevent an owner, operator or occupant from shifting the responsibility of the one to the other, provided that the primary and final responsibility in every case shall remain upon the person designated in this article.
(Code 1986, § 10-110)
Sec. 34-91. - Prosecution of existing violations.#
This article shall in no way make lawful any existing violations of any other ordinance, code or regulation of the town, and this article, or any part of this article, shall not act as a bar to prosecution for such violation.
(Code 1986, § 10-111)
Sec. 34-92. - Inspection of dwellings.#
(a)
The director is hereby authorized and directed to make inspection to determine the condition of dwellings, dwelling units, rooming units and dwelling premises in order that he may perform his duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public.
(b)
For the purpose of making such inspections, the director is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and dwelling premises. If entry is denied or resisted, an order to examine, inspect and survey may be obtained from a court of competent jurisdiction.
(Code 1986, § 10-112)
Sec. 34-93. - Access to dwellings.#
Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator, or any person designated by the owner or operator, access to any part of such dwelling, dwelling unit, or rooming unit or dwelling premises, at all reasonable times for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this article, or with any rule or regulation adopted pursuant thereto, or with any notice of violation or order issued pursuant to the provisions of this article.
(Code 1986, § 10-113)
Sec. 34-94. - Notice of violation.#
(a)
Whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of this article, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as provided in this section.
(b)
Such notice shall be in writing, and shall specify the alleged violation and a reasonable time to correct it, and shall be served upon the owner, operator or the occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant, if a copy of such notice is served upon him personally; if a copy of such notice is sent by registered or certified mail, return receipt requested, to the last known address of such person; if a copy of such notice is posted in a conspicuous place in or about the dwelling affected by the notice; or if the responsible person is served with such notice by any other method authorized under the laws of this state.
(c)
The notice of violation shall inform the person to whom it is directed of his right to apply for a hearing before the director, and the procedure by which application for such hearing can be made as provided in section 34-99. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of the notice of violation.
(Code 1986, § 10-114)
Sec. 34-95. - Recording of notices and orders.#
(a)
Whenever a notice of violation or a compliance order has been issued for a violation of this article or any rule or regulation adopted pursuant thereto, the director may file in the office of the recorder of deeds a copy of the notice or order shall be recorded in the same manner as lis pendens notices, and such recording shall be constructive notice to any purchaser or encumbrancer of the real property affected thereby.
(b)
Notwithstanding any other provisions of this article, any person purchasing or otherwise acquiring any interest in any real property and having actual or constructive notice of any proceedings instituted under the provisions of this article shall be immediately subject to and bound by any such proceedings and to any compliance order entered with respect to the real property.
(Code 1986, § 10-115)
Sec. 34-96. - Compliance order generally.#
(a)
Any notice of violation, as provided in section 34-94, shall automatically become a compliance order if written request for a hearing is not filed in the office of the director within ten days after the service of the notice.
(b)
A copy of the compliance order shall be served in the manner provided in section 34-94 and shall inform the person to whom it is directed of his right of appeal to the minimum housing board of review, and the procedure by which application for such appeal can be made as provided in division 3 of this article.
(c)
Written entry of appearance or presence at a hearing, in connection with a notice of violation, shall not fulfill the requirements for service of a compliance order.
(Code 1986, § 10-116)
Sec. 34-97. - Immediate compliance order.#
(a)
Whenever the director, at any stage of any proceedings instituted under the provisions of this article, finds that there exists a violation of this article which, in his opinion, requires immediate action to abate a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public, he may, without prior notice of violation or hearing, issue an immediate compliance order reciting the existence of such violation, and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate, as provided in section 34-123.
(b)
Notwithstanding the other provisions of this division, the immediate compliance order shall be effective immediately upon its service or in such time as the director shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom an immediate compliance order is served shall comply with the order immediately or otherwise as such order may specify. Such persons shall have the right to appeal to the minimum housing board of review as provided in division 3 of this article, and such appeal shall be given priority and conducted as soon as possible and as provided for in division 3 of this article.
(Code 1986, § 10-117)
Sec. 34-98. - Director to make repairs and recover expenses.#
(a)
Whenever any violation of this article which, in the opinion of the director, causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public has not been corrected in the time specified by the immediate compliance order, he may, subject to the provisions of section 34-63(d), take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril.
(b)
When certified by the director, the costs incurred in the execution of the immediate compliance order shall be paid out of the town treasury, from funds made available for such purposes to the director. The owner, operator or occupant of the dwelling unit, dwelling, rooming unit or dwelling premises who is responsible for immediate compliance shall be served a notice stating the amount of the expenses incurred by the director in executing the immediate compliance order. Such notice shall be served in the manner provided in section 34-94.
(c)
These expenses shall be paid for by the responsible person on whom the notice is served and unless the expenses are paid within 30 days after such notice is served, the director shall certify the expenses to the town solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten percent service charge in addition thereto.
(Code 1986, § 10-118)
Sec. 34-99. - Request for hearing.#
(a)
Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this article, or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the director after such person shall file in the office of the director a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom any notices and orders may be served, and why such enforcement or compliance should not be effected.
(b)
If this request is filed within ten days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the director shall set a time and place for such hearing, and shall give the applicant at least five days' written notice. At such hearing the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
(Code 1986, § 10-119)
Sec. 34-100. - Finding of hearing.#
After a hearing held in accordance with the provisions of section 34-99 and on consideration of the evidence presented, the director shall sustain, modify or withdraw the notice. If the director by his decision sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the director shall find to be responsible for the violation and in the manner provided by section 34-96.
(Code 1986, § 10-120)
Sec. 34-101. - Record of hearing.#
The director shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the director, and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record.
(Code 1986, § 10-121)
Sec. 34-102. - Reinspection.#
At the end of the time period specified in the compliance order, or any extension of such order, it shall be the duty of the director to make a reinspection of the dwelling, dwelling unit, rooming unit or dwelling premises, and if the order has not been complied with, the director shall institute proper legal action or make such further orders as the case may require.
(Code 1986, § 10-122)
Sec. 34-103. - Demolition as compliance.#
Any owner of a building or dwelling receiving a notice of violation or a compliance order stating that such dwelling does not comply with the provisions of this article, or of the rules and regulations adopted pursuant thereto, may demolish such building or dwelling. Such action shall be deemed compliance, except that any resulting holes shall be filled to grade.
(Code 1986, § 10-123)
Sec. 34-104. - Transfer of ownership.#
(a)
It shall be unlawful for the owner of any dwelling or dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgagee, prior to such transfer, lease or mortgage, a true copy of any notice of violation or compliance order issued by the director. At the same time the owner shall notify the director in writing of the intent to transfer, lease or mortgage either by delivering such notice of intent to the director and receiving a receipt therefor, or by registered or certified mail return receipt requested giving the name and address of the person to whom the transfer, lease or mortgage is proposed.
(b)
A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice or order as of the date of such transfer, lease or mortgage without service of further notice upon him.
(Code 1986, § 10-124)
Sec. 34-105. - Penalties for violation of article.#
(a)
Any person who shall violate any provision of this article, or any provision of any rule or regulation adopted pursuant to the authority granted by this article, shall, upon conviction, be punished by a fine of not more than $200.00 or by imprisonment for not more than 30 days, or both, for each offense or violation. Each day's failure to comply with any provision shall constitute a separate violation.
(b)
The town solicitor shall, upon complaint of the director, institute injunction, abatement or other appropriate actions or proceedings at law or in equity to restrain, prevent, enjoin, abate, correct or remove such violation. The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided for by law.
(Code 1986, § 10-125)
Sec. 34-106. - Violations; fines.#
(a)
Enumeration. The following violations and the payment of fines may be handled administratively through the method provided for in section 18-30 of this Code. The schedule of violations is as follows:
Violations Schedule Code Section Violation First Offense Fine Second Offense Fine
34-186 Sanitary facilities, plumbing and drainage $100.00 $200.00
34-191 Responsibilities of owners,
operators and occupants $100.00 $200.00
14-520 Rental dwellings—Penalty $250.00 $500.00
;hn0; (Ch. 938, § 2, 11-15-2010)