The Town Council shall conduct a public hearing to determine whether a building complies with the standards.
(A) A notice of a hearing shall be sent to an owner, lien holder or mortgagee and must include a statement that owner, lien holder or mortgagee will be required to submit at the hearing proof of the scope of work that may be required to comply with this subchapter and the time it will/may take to reasonably perform the work.
(B) The public hearing shall be held at the next scheduled Town Council meeting or special meeting as determined by the Town Council
(C) After the public hearing, if a building is found in violation of standards set out in this subchapter, the town may order that the building be vacated, secured, repaired, removed or demolished by the owner within a reasonable time as provided by this section.
(1) The town may order that the occupants be relocated within a reasonable amount of time. If the owner does not take the ordered action within the allotted time, the town shall make a diligent effort to discover each mortgagee and lien holder having an interest in the building or in the property on which the building is located.
(2) The town shall send to each identified mortgagee and lien holder a notice containing:
(a) An identification which is not required to be a legal description, of the building and the property on which it is located;
(b) A description of the violation of town standards that is present at the building; and
(c) A statement that the town will vacate, secure, remove or demolish the building or relocate the occupants of the building if the action is not taken within a reasonable time.
(D) As an alternative to the procedure prescribed by division (C) above, the town may make a diligent effort to discover each mortgagee and lien holder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition the town may file notice of the hearing containing the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instrument on file in the office of the County Clerk, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lien holder or other transferees of an interest in the property who acquires such interest after the filing of the notice. The order issued by the town may specify a reasonable time as provided by this section, for the building to be vacated, secured, or repaired but is not required to furnish any notice to a mortgagee or lien holder other than a copy of the order in the event the owner fails to timely take the ordered action.
(E) Within ten days after the date that the order is issued, the town shall:
(1) File a copy of the order in the office of the Town Secretary; and
(2) Publish in a newspaper of general circulation in the town which the building is located a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order may be obtained.
(F) After the hearing, the town shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building, and if the owner does not take the ordered action within the specified time, the town shall promptly mail by certified mail, return receipt requested, a copy or the order to any lien holder or mortgagee of the building. The town shall use the records in the office of the County Clerk in the county in which the building is located to determine, if possible, the identity and address of any owner, lien holder or mortgagee of the building.
(G) In conducting a hearing authorized under this section, the town shall require the owner, lien holder, or mortgagee of the building to within 30 days:
(1) Secure the building from authorized entry; or
(2) Repair, remove or demolish the building, unless the owner or lien holder established at the hearing that the work cannot reasonably be performed within 30 days.
(H) If the town allows the owner, lien holder, or mortgagee more than 30 days to repair, remove or demolish the building, the town shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lien holder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official.
(I) The town may not allow the owner, lien holder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder or mortgagee;
(1) Submits a detailed plan, and time schedule for the work at the hearing: and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(J) If the town allows the owner, lien holder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building the town shall require the owner, lien holder or mortgagee to report to Council monthly on the progress of the project.
(K) In a public hearing to determine whether a building complies with the standards set out in this subchapter, the owner, lien holder or mortgagee has the burden of proof to demonstrate the scope of work that may be required to comply with this subchapter and the time it take to reasonably perform the work.
(L) If the building is not vacated, secured, repair, removed or demolished or the occupants are not relocated, within the allotted time, the town may vacate, secure, remove or demolish the building or relocate the occupants at its own expense.
(M) If the town incurs expenses under division (L) above, the town may assess the expenses on, and the town has a lien against, unless it is a homestead as protected by the State Constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the town for the expenses. The lien arises and attaches to the property at the time of the lien is recorded and indexed in the office of the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the town and the balance due.
(N) If notice is given and the opportunity to repair, remove or demolish the building is afforded to each mortgagee and lien holder as authorized by divisions (C) and (D) above, the lien is a privileged lien subordinate only to tax lien and all previously recorded bona fide mortgage liens attached to the property to which the town lien attaches.
(Ord. 2004-005, passed 7-23-2004)