§ 150.06 ADDITIONAL AUTHORITY TO SECURE SUBSTANDARD BUILDING.

   (A)   The town may secure a building that it determines:

      (1)   Violates the minimum standards set out and herein above by reference; and

      (2)   Is unoccupied or is occupied only by persons who do not have a right of possession to the building.

   (B)   Before the eleventh day after the date the building is secured, the town shall give notice to owner by:

      (1)   Personally serving the owner with written notice;

      (2)   Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;

      (3)   Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; or

      (4)   Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.

   (C)   The notice must contain:

      (1)   An identification, which is not required to be a legal description, of the building and the property on which it is located; and

      (2)   An explanation of the owner’s entitlement to request a hearing about any matter relating to the town securing building.

   (D)   The town shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the town securing of the building if, within 30 days after the date the town secures the building, the owner files with the town a written request for the hearing. The town shall conduct the hearing within 20 days after the date the request is filed.

   (E)   The town has the same authority to assess expenses under this section, as it has to assess expenses under § 150.05(M). A lien is created under this section in the same manner that a lien is created under § 150.05(M), and is subject to the same conditions as a lien created under that section.

   (F)   The authority granted by this section is in addition to that granted by § 150.05.

(Ord. 2004-005, passed 7-23-2004)