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(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
The failure of the person, persons, entity or entities to whom the notice of unlawful condition or conditions was sent to correct the conditions within the time provided in the notice shall constitute a violation of this subchapter, and each day that any unlawful condition shall continue after that date shall be considered a separate violation of this subchapter, unless a request for hearing has been filed.
(Prior Code, § 6-3-9) Penalty, see § 150.99
In the event of a hearing before the Town Council of any unlawful condition or conditions, the Council shall hear evidence and may conduct any additional fact-finding process which it may determine necessary. Within a reasonable time thereafter, the Council shall issue a final determination of whether any unlawful condition or conditions exist, and in the event the Council finds any unlawful condition or conditions to exist, the Council shall specifically set forth in writing the unlawful conditions found to exist, the findings of fact upon which the decision is based, and a specific but reasonable date in which the unlawful conditions are to be corrected, copies of which shall be delivered to the individuals named in the notice.
(Prior Code, § 6-3-10)
Any failure by any person, persons, entity or entities named in the final determination of the Town Council to correct the unlawful condition or conditions which were found to exist within the time period provided by the Town Council shall constitute a violation of this subchapter, and for each such condition which exists after said date, and each day that any such unlawful condition shall exist after the date in which the person, persons, entity or entities were allowed to correct the same, shall constitute a separate violation of this subchapter for each unlawful condition which exists.
(Prior Code, § 6-3-11) Penalty, see § 150.99
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