§ 91.053 ACTION REQUIRED; NOTICE.

   (A)   Corrective action required. If, as a result of an inspection, the building official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, the building official may require corrective action by repair, vacation and/or demolition.

   (B)   Notice.

      (1)   (a)   The building official shall issue a notice and order directed to the record owner or owners of the building or structure.

         (b)   The notice shall be given in the manner prescribed in §§ 91.003 or 91.004 in the case of an emergency.

      (2)   In addition to the content described in §§ 91.003 and 91.004, the notice and order must contain a statement of the action required to be taken as determined by the building official, which may include:

         (a)   Repair required. A statement advising that, if the building official has determined that the building or structure must be repaired, that all required permits will be secured and the work physically commenced within such time (not to exceed 90 days from the date of the order) and completed within such time as the building official will determine reasonable under all of the circumstances;

         (b)   Vacation required. A statement advising that, if the building official has determined that the building or structure must be vacated, that the building or structure will be vacated within a time certain from the date of the order as determined by the building official to be reasonable; and

         (c)   Demolition required. A statement advising that if the building official has determined that the building or structure must be demolished, the building must be vacated within such time as the building official will determine is reasonable (not to exceed 90 days from the date of the order), that all required permits be secured therefor within 90 days from the date of the order and that the demolition be completed within such time as the building official will determine is reasonable.

   (C)   Abatement. Upon expiration of the time in the notice and the appeal period described below, the building official may cause the abatement of the dangerous structure or building in accordance with §§ 91.003 or 91.004.

   (D)   Appeal.

      (1)   (a)   Any person receiving a notice and corrective order from the building official, pursuant to this chapter, may appeal the building official’s order by filing with the Town Clerk a written appeal within 14 days from the date of the notice and order.

         (b)   The appeal shall contain:

            1.   A list of names of all persons participating in the appeal;

            2.   A brief statement setting forth the legal interest of each of the persons in the building or the structure involved in the notice and order;

            3.   A brief statement of the specific order or action protested, together with any material facts claimed to support the appeal; and

            4.   A brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

      (2)   If the property owner files an appeal with the Town Clerk before the expiration of the 14-day period, the Town Clerk shall refer the matter to a hearing officer appointed by the Town Clerk for determination.

      (3)   (a)   Upon conclusion of administrative review, the hearing officer shall determine, in writing, whether the notice and order were proper.

         (b)   The town shall have the burden of proof, by a preponderance of the evidence.

         (c)   According to that determination, the hearing officer shall affirm, cancel or modify the notice and order.

         (d)   The hearing officer shall furnish a copy of this determination to the person making the appeal together with a notice of such person’s right to appeal to the District Court.

(Ord. 01-2021, passed 1-27-2021)