Loading...
An unlawful condition under this subchapter remains unlawful regardless of whether the condition is a result of design, deterioration, alteration or other factors.
(Prior Code, § 6-3-4) Penalty, see § 150.99
For the purposes of this subchapter in determining whether a condition or conditions of a building or structure is an unlawful condition, the present use of the building or structure shall be considered, and the reasonable foreseeable class of persons who may be directly affected thereby shall be considered and the property, whether real or personal, which may be affected by any unlawful condition and which is reasonably foreseeable shall be considered in determining whether any condition or conditions is or are unlawful.
(Prior Code, § 6-3-5)
When the Town Marshal or such other person who is designated by the Town Council to enforce the provisions of this subchapter believes that an unlawful condition under this subchapter may exist, then he or she may confer with the Town Engineer and make inspection of the structure of premises for the purpose of determining whether any unlawful conditions exist under this subchapter. In making a determination with respect to an unsafe building condition or conditions, the Town Marshal or such other designated person may consult with any other persons reasonably necessary in making such determination, including but not limited to the State Fire Marshal, the town’s Volunteer Fire Department Chief and the County Health Officer.
(Prior Code, § 6-3-6) Penalty, see § 150.99
Upon the determination that an unsafe building condition or conditions exist, the Town Marshal or such other designated person shall inform the Town Council of the findings and determination, together with recommendations for correcting the unlawful condition or conditions.
(Prior Code, § 6-3-7)
(A) The Town Council shall consider the determination of the Town Marshal or other designated person of any unlawful conditions under this subchapter, and if the Town Council determines that it does appear that an unlawful condition or conditions exist, then the Town Council shall direct the Clerk-Treasurer or such other person as designated by the Council to notify, in writing, the person, persons, entity or entities who violate this subchapter by certified mail or personal service at the discretion of the Town Council, of the determination and notify such person, persons, entity or entities to correct the unlawful conditions within a time specified therein not less than 20 days from the date of the letter or respond in writing or in person before the Town Council within that designated period.
(B) The notice shall specifically include the following:
(1) A specific description of each and every unlawful condition;
(2) The dangers to persons or other property by reason of the unlawful condition or conditions;
(3) Any recommendations for correcting the unlawful condition or conditions;
(4) The time within which the unlawful condition or conditions are to be corrected;
(5) A statement notifying the person, persons, entity or entities that he or she must respond to this notice in person or in writing or by representative before the date specified requesting a hearing, or indicating that the person, persons, entity or entities will correct the unlawful condition;
(6) The specific date, time and place by which a response must be filed, either in writing or in person, requesting a review of the determination of the unlawful condition and further notifying the individuals named therein that on the date above set forth therein that the Town Council will set a date, time and place for hearing before the Town Council upon the determination of the unlawful conditions, if a request for hearing has been filed. The individuals named therein shall be further notified that any response denying the determination will be considered as a request for hearing; and
(7) The notice is to further state that failure to respond to the notice shall constitute a conclusive presumption that the unlawful condition or conditions set forth in the notice do exist and are a violation of this subchapter.
(Prior Code, § 6-3-8) Penalty, see § 150.99
Loading...