(A) Inspections, investigations, and complaints.
(1) It shall be the duty of the town’s Building Maintenance Board to cause inspections to be made from time to time within the town, to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and the Building Maintenance Board shall cause an investigation to be made upon each written complaint made by any responsible person.
(2) The Building Inspector/Building Maintenance Officer shall be designated as the enforcement officer.
(B) Right to enter private premises. Members of Marlinton’s Building Maintenance Board and/or the Building Inspector/Building Maintenance Officer shall have the right to enter upon private premises for the purposes specified in division (A) above, upon proper identification and in compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
(C) Notice to cease and desist. If at any time the Marlinton Building Maintenance Board or the Building Inspector/Building Maintenance Officer finds that an activity or practice which constitutes a nuisance is occurring within the town, it or he or she shall promptly and by the most expeditious means notify the violator to cease and desist forthwith.
(D) Notice to abate; appeal. If at any time the Building Maintenance Board or the Building Inspector/Building Maintenance Officer finds that a condition which constitutes a nuisance exists within the town, it or he or she shall give notice in writing to the owner, occupant or person in charge of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance and directing such addressee to remedy the condition within the time stated in such notice, which shall be not more than ten days; and it shall be unlawful for any such owner, occupant or person in charge to fail to comply with the terms of such notice; provided, that any owner, occupant or person in charge may, within two day from the expiration of the notice thereof, appeal to the Town Council of the town, in which case the terms of such notice shall be stayed pending actions of the Town Council of the town, which shall be final; provided further, that if the Building Maintenance Board or the Building Inspector/Building Maintenance Officer states in such notice that the condition which constitutes a nuisance is such regarding be an imminent hazard to the health, safety or welfare of the public or any person within or near the premises upon which such nuisance exists, then the addressee shall comply with the terms of such notice.
(E) Failure to abate.
(1) Upon the failure of any person to whom notice has been given pursuant to division (D) above to comply with the terms of such notice, or with the terms imposed by the Town Council on appeal, as the case may be, the Mayor shall forthwith direct the appropriate town employees, or shall retain a private contractor to remedy the condition which is the subject of such notice, and the expense incurred by the town in so doing shall be charged to the addressee of such notice, as well regarding the owner of the premises which is the subject of such notice, jointly and severally, to be collected as town fees or in any other manner authorized by law for the collection of money due the town.
(2) Abatement by the town of any condition which constitutes a nuisance and reimbursement to the town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance.
(F) Arrest for committing or maintaining nuisance. Nothing is this chapter shall be considered to prohibit any police officer from arresting and/or citing any person for committing or maintaining a nuisance when such arrest and/or citation is made pursuant to law.
(Ord. passed 10-6-2014)