(A) Violations resulting from continuing conditions.
(1) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, a written notice shall be sent to the last known address of the responsible person, specifying the nature of the violation and what must be done to correct it, requiring the responsible person to correct the violation within 10 calendar days after delivery of the notice, and informing the responsible person of the possible consequences of his or her failure to comply.
(2) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, the penalties and remedies provided for in § 91.99 may not be invoked until after the 10-day correction period specified in the section has expired.
(B) Summary abatement of conditions dangerous or prejudicial to the public health.
(1) If the Council concludes, after notice and hearing as provided in its part, that any condition or situation prohibited by this chapter or any other condition or situation is dangerous or prejudicial to the public health or safety, it may order town officials to summarily remove, abate or remedy everything so found within the town limits or within 1 mile thereof.
(2) The expense of this action shall be paid by the person in default and, if not paid, shall be a lien upon the land or premises where the trouble arose and shall be collected as unpaid taxes.
(C) Notice required.
(1) Before the action authorized by division (B) above is taken, notice shall be sent to the respondent, informing him or her:
(a) What condition or situation is alleged to be dangerous or prejudicial to the public health or safety;
(b) When and where the Council will meet to hold a hearing on the issue of whether the condition cited is dangerous or prejudicial to public health;
(c) That if the Council determines that the cited condition is dangerous or prejudicial to public health or safety, it may order town officials to summarily abate, remedy or correct the offending condition; and
(d) That the expenses incurred by the town in connection with the actions described in division (C)(1)(c) above, if not paid by the respondent, shall become a lien upon the land where the offending condition is located, to be collected as unpaid taxes.
(2) If after due diligence, the respondent's address cannot be determined, then the notice required by this section shall be posted conspicuously on the offending property not later than 3 days before the scheduled hearing. This notice shall be sent by certified mail, return receipt requested, not later than 5 calendar days prior to the scheduled hearing or delivered to the respondent by a town officer or employee, not later than 3 days prior to the scheduled hearing.
(3) For purposes of divisions (B) through (E) of this section, the RESPONDENT is the person who is responsible for the offending condition, as well as the owner of the property where the offending condition is located, if different from the former.
(D) Hearing procedures.
(1) At the hearing held pursuant to this part, the town administration shall be responsible for presenting sufficient evidence to the Council to substantiate a finding that a condition exists that is dangerous or prejudicial to the public health or safety.
(2) The Council may consider all reliable evidence and need not be bound by the strict rules of evidence applicable to courts of law, but all witnesses shall be sworn. The respondent may be represented by counsel and may present evidence.
(3) All parties may cross-examine adverse witnesses.
(4) At the conclusion of the hearing, the Council shall make findings of fact, state its conclusions and enter an appropriate order. The Council's findings of fact, conclusion and order shall be reduced to writing and a copy sent by mail or delivered to the respondent within 30 days following the hearing.
(E) Order. If the Council concludes that a situation or condition exists that is dangerous or prejudicial to the public health or safety, it may:
(1) Order appropriate town officials or employees to summarily remove, abate or remedy everything so found and to assess the cost of this action against the respondent in accordance with division (B) above; or
(2) Order the respondent to correct the situation within a specified time period and order town officials to abate, correct or remedy the offending condition if the respondent fails to act within the prescribed time limits. If town officials are required to take corrective action, the costs shall be assessed against the respondent in accordance with division (B) above.
(1981 Code, §§ 11-37 through 11-41)