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)