(A) In addition to the conditions, acts, or failures to act that constitute violations specified herein, it shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close or vacate and remove or demolish the same, upon order of the Enforcement Officer duly made and served as herein provided, within the time specified in such order. It shall be unlawful for the owner of any dwelling, with respect to which an order has been issued pursuant to §§ 150.22 through 150.24, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing or vacation and removal or demolition.
(B) Upon determination of a violation of any section of this subchapter, the penalty for which is a civil penalty, the Enforcement Officer of the town shall cause a warning citation to be issued to the violator. Such citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is in the nature of an infraction for which an order of abatement would be appropriate in the civil proceeding, a reasonable period of time must be stated during which the violation must be abated. The warning citation shall specify that a second citation shall incur a civil penalty, together with costs and attorney fees.
(C) An appeal from a warning citation shall be taken within ten days from the date of said warning citation to the Board of Adjustment. Except, in any case where the ordinance violated (which is the subject of the warning citation) specifically grants to the Board of Adjustment other powers in considering appeals and such appeal is applied for, the Board of Adjustment, in considering appeals of warning citations, shall have power only in the manner of administrative review and interpretation where it is alleged that the Enforcement Officer has made an error on the application of an ordinance, in the factual situation as it relates to the application of this subchapter, or both.
(D) Where the Enforcement Officer of the town determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the Enforcement Officer may amend the warning citation to provide for additional time.
(E) Upon failure of the violator to obey the warning citation, a civil citation shall be issued by the appropriate official of the town and either served directly on the violator or his or her duly designated agent or registered agent, if a corporation, either in person or posted in the United States mail service, by first-class mail, and addressed to the last known address of the violator, as contained in the records of the town or obtained from the violator at the time of issuance of the warning citation. A violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to appear before the Town Manager or his or her designee within 15 days of the date of the citation or, alternatively, to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid; otherwise, other citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
(F) Within 15 days from the date the first civil citation is served, the Town Manager or his or her designee shall have the authority, upon written request by the violator, to void the civil citation issued to date and relieve the violator of any civil penalties due. The written request shall state the reasons why the violator believes that the civil citation should be voided. Prior to any civil citations being voided, the violation for which the citation was issued must be fully corrected. The Town Manager or designee shall use extreme discretion in voiding civil citations, and such action shall be taken only under extraordinary circumstances. Such circumstances may include, but are not limited to, an error by an official of the town, civil citations not reaching the violator due to mail delivery difficulties, and extreme weather constraints. After 15 days from the first civil citation being served, the Town Manager or designee may only exercise said authority when correcting an error by an official of the town. In those circumstances involving an error by an official of the town, the Town Manager may exercise such authority without a written request by the violator but must consider the recommendation of the official making the error.
(G) If the violator fails to respond to a citation within 15 days of its issuance, as prescribed herein, or receive relief from the Town Manager, as described in this section, the town may institute a civil action in the nature of debt in the appropriate division of the state general court of justice for collection of the penalty, costs, attorney fees, and such other relief as permitted by law.
(Prior Code, § 6-161) (Ord. 29-08, passed 11-13-2008) Penalty, see § 150.99