5-2-15: HAZARDOUS AND DANGEROUS CONDITIONS:
   A.   Compliance With Order Of Fire Chief; Penalty For Failure: Upon the receipt of an order from the Fire Chief to abate any dangerous condition or fire hazard as described in this chapter, the owner or proprietor of the premises upon which the fire hazard or dangerous condition exists, shall comply at once with the order. If the owner or proprietor has not complied with the order within three (3) days following its issuance, the Fire Chief shall sign and file a complaint with the Municipal Justice of the Town, accusing the owner or proprietor of a misdemeanor, and setting forth the nature of the offense committed. If convicted, the defendant named in the complaint shall be fined as provided in this chapter and shall be ordered by the Municipal Court Judge to comply with the order of the Fire Chief, and thereafter every day that the offensive condition is continued in existence, shall constitute a separate and punishable offense, in addition to which a separate fine for contempt of court may be imposed. The Municipal Court Judge may permit the defendant a longer time in which to abate the condition if he deems leniency necessary.
   B.   Abatement By Town: In those instances in which a fire hazard or dangerous condition is found to exist as provided in this chapter and the owner or proprietor of the premises is not to be found within the Town, nor otherwise available upon the exertion of reasonable effort upon the part of the Fire Chief, or refuses or fails to remedy the hazardous condition, the Fire Chief shall notify the Town Council at the next regular meeting, of the existence of the fire hazard or dangerous condition and the location thereof, and the fact that the proprietor is not available or that the proprietor refuses or has failed to remedy the hazard or condition. Upon receipt of such notice, the Council is authorized to order the abatement of the condition reported, as provided in this chapter. The abatement shall be carried out by the proper officer or officers of the Town, members of the Fire Department or otherwise, and the expense of the abatement shall be paid out of the Fire Department Fund of the Town Treasury and shall be included, together with a surcharge equal to two hundred percent (200%) of such costs to cover indirect administrative costs, in a bill charged against the owner of the property within or upon which the fire hazard or dangerous condition was found to exist.
(Ord. 152, 9-14-1987)