Chapter 9A - PROPERTY MAINTENANCE

Sec. 9A-1. - Purpose.#

The purpose of this chapter shall be to protect the public health, safety and welfare by establishing the minimum standards governing the condition and maintenance of private property within the town to ensure that conditions that create a danger to the health and safety of the occupants of such property and/or the members of the public may be declared as unsafe, and by establishing procedures of the correction of such conditions and for fixing of procedures for the payment of any cost incurred in the correction of such conditions.

(Code 1970, § 9A-1; Ord. No. 2013-51, 12-19-2013)

Sec. 9A-2. - Applicability.#

All areas of any parcel of private property, including appurtenances thereon, including, without limiting thereto, such appurtenances as trees, swimming pools, decorative items and any appurtenance,shall comply with the provisions of this chapter and with the rules and regulations adopted pursuant thereto unless more restrictive provisions of this Code or the state building code apply.

(Code 1970, § 9A-2; Ord. No. 2013-51, 12-19-2013)

Sec. 9A-3. - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appurtenance means any item located on a parcel of property, whether or not permanently affixed thereto, which is not governed by the provisions of chapter 9.

Enforcing officer means the town official designated by the town manager to administer and enforce these regulations, depending on the nature of the of the violation.

Occupant includes any and all persons residing or in any way inhabiting the parcel of property.

Owner means any person who, alone or jointly or severally with others: (1)

Shall have legal title to the parcel of property; or

(2)

Shall have charge, care or control of the parcel of property as owner or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner.

Potentially hazardous condition means any condition which, in the opinion of the designated town office and the town manager, is a condition that renders a danger to the health and safety of the owners or occupants of the property or the members of the public.

Property orparcel of property means the entire parcel of real estate, whether platted or unplatted, owned by the same owner and excluding any structures governed by the provisions of chapter 9.

Rubbish means any solid waste.

Safety means the condition of being free from conditions which may cause harm or injury to the owners or occupants of the property or members of the public.

(Code 1970, § 9A-3; Ord. No. 2013-51, 12-19-2013)

Sec. 9A-4. - Responsibilities of owners and occupants.#

Every owner of property and/or occupant of property shall maintain that property so that no condition exists that creates a danger to the owner, occupant or member of the public because of the failure to maintain the property and all appearances thereon in a safe and maintained condition. Such dangerous conditions shall include, but not be limited to, the existence of deceased trees, unprotected swimming pools, unstable land or the collection of rubbish and hazardous materials.

(Code 1970, § 9A-4; Ord. No. 2013-51, 12-19-2013)

Sec. 9A-5. - Inspections; powers and duties of the enforcing officer.#

(a)

Upon the receipt of any credible information of the existence of a condition on a parcel of property that creates a danger to the owner, occupant and/or member of the public or has received a complaint that such conditions exist, the designated enforcing officer is hereby authorized and directed to make an inspection of such parcel of property for the purpose of determining whether such dangerous conditions do in fact exist.

(b)

Upon a positive determination being made by the enforcing officer that a dangerous condition does in fact exist, the enforcing officer shall take action pursuant to the provisions of this chapter to ensure correction and removal of such dangerous conditions.

(Code 1970, § 9A-5; Ord. No. 2013-51, 12-19-2013)

Sec. 9A-6. - Notice of existence of dangerous condition.#

(a)

Condition not creating imminent danger; corrective action.

(1)

Whenever the enforcing officer determines that a dangerous condition exists, but that the condition does not create a danger of imminent harm or danger to the owner or occupant of the property or to members of the public, he shall issue a notice setting forth the alleged dangerous condition and advising the owner and occupant that such condition must be removed and/or corrected. This notice shall:

a.

Be in writing.

b.

Set forth a detailed description of the alleged dangerous condition.

c.

Provide a reasonable time, not to exceed 30 days, for the correction and/or removal of the dangerous condition.

d.

Be served upon the owner and occupant personally or by certified mail, return receipt requested, addressed to the owner at the address of the owner in the records of the town tax assessor and to the occupant at the address of the property.

(2)

At the end of the period of time allowed for correction or removal of the dangerous condition, the enforcing officer shall re-inspect the property. If, upon re-inspection, the enforcing officer determines that the dangerous condition has not been corrected or removed, the enforcing officer shall issue a summons and complaint to the owner and occupant ordering them to appear before the municipal court of the town, seeking a judicial order compelling the correction or removal of the dangerous condition.

(b)

Condition creating an imminent danger.

(1)

Whenever the enforcing officer determines that a dangerous condition exists, and that the condition creates a danger of imminent harm or danger to the owner or occupant of the property or to members of the public and requires action without delay to protect the public health, safety or welfare, he shall issue a notice setting forth the alleged dangerous condition and directing the owner and occupant that such condition must be removed and/or corrected. This notice shall:

a.

Be in writing.

b.

Set forth a detailed description of the alleged dangerous condition.

c.

Require the immediate correction and/or removal of the dangerous condition.

d.

Be served upon the owner and occupant personally, and in the event of the inability to accomplish such personal service, shall be posted in a conspicuous location on the property.

(2)

The owner and/or occupant shall be granted a conference on the matter upon request, as soon as practicable, but such conference shall in no case stay the abatement of the correction or removal of the dangerous condition.

(3)

Upon the failure of the owner and/or occupant to correct and/or remove the dangerous condition within 48 hours from the service or posting of notice, the enforcing officer shall cause to make the correction or removal of the dangerous condition for the safety and welfare of the owner, occupant and members of the public. Any owner or occupant who shall impede, interfere with, hinder or obstruct the enforcing officer or his designee from making such correction and/or removal of the dangerous condition shall be subject to a civil penalty of $50.00 per day for each day that such action continues.

(4)

Whenever the corrective action or removal of the dangerous condition is taken at the direction of the enforcing officer, the cost of such corrective action or removal action shall constitute a debt in favor of the town against the owner and occupant and a lien against the property. In the event the owner and/or occupant fails, neglects or refuses to pay the town the amount of this debt, it shall be recoverable in a civil action against the owner and occupant in an action brought in the municipal court for the town.

(c)

Condition determined by enforcing officer to be of emergency nature.

(1)

Whenever the enforcing officer determines that a dangerous condition exists, and that the condition creates a danger of an emergency nature creating the immediate risk of harm or danger to the owner or occupant of the property or to members of the public and requires immediate action to protect the public health, safety or welfare, he shall attempt to give notice of the dangerous condition in any reasonable means possible to the owner and/or occupant and directing the owner and occupant that such condition must be removed and/or corrected immediately.

(2)

After a reasonable attempt to give notice, if neither the owner nor occupant can be located, or if after receipt of notice the owner and/or occupant refuses to take such immediate action to correct or remove the dangerous condition, the enforcing officer shall immediately cause to make the correction or removal of the dangerous condition for the safety and welfare of the owner, occupant and members of the public. Any owner or occupant who shall impede, interfere with, hinder or obstruct the enforcing officer or his designee from making such correction and/or removal of the dangerous condition shall be subject to a civil penalty of $50.00 per day for each day that such action continues.

(3)

Whenever the immediate corrective action or removal of the dangerous condition is taken at the direction of the enforcing officer, the cost of such corrective action or removal action shall constitute a debt in favor of the town against the owner and occupant and a lien against the property. In the event the owner and/or occupant fails, neglects or refuses to pay the town the amount of this debt, it shall be recoverable in a civil action against the owner and occupant in an action brought in the municipal court for the town.

(Code 1970, § 9A-6; Ord. No. 2013-51, 12-19-2013)