§ 14-228. Emergency condemnations, authority to take action; lien on property.  


Latest version.
  • (a)

    In cases where there is imminent peril to the public safety or general welfare or immediate danger to the life or safety of any person, or where the public is endangered by weather conditions, fire, other natural disasters or the particular location of the subject property, and in instances in which unless an unfit or unsafe structure is immediately repaired, demolished, or removed, the code official may promptly cause such structure to be made safe or removed. For this purpose the building official and/or code official may at once enter such a structure or land on which it stands, or abutting land or structures, to perform an inspection with such assistance and at such cost as may be deemed necessary.

    (b)

    Upon inspection, the building official shall determine whether or not the structure requires immediate emergency demolition in order to maintain the safety and welfare of the owner, tenants, or public. A written report will document results of these inspections. Exterior and interior photographs of the building, structure, or portion thereof will be taken when feasible.

    (c)

    The building official may order the vacation of the subject structure, and/or adjacent structures, and may require the protection of the public by appropriate fencing or such other means as may be necessary, and for this purpose may close any public or private right-of-way.

    (d)

    If the building official determines there is sufficient time prior to demolition, a notice of intent to demolish will be provided to interested parties via priority mail, courier delivery, or telephone, if the phone numbers of interested parties are readily ascertainable by the building official, informing them of the emergency demolition. This notification must state the findings of the building official documenting cause for demolition or removal. Where the owner or other interested party fails to take immediate corrective action as ordered by the building official, the building official and code official shall have the authority to promptly proceed with the abatement of the unsafe structure in accordance with this article. Failure to give personal notice upon the individual owner or interested parties shall not prevent the town from performing the emergency demolition or removal and assessing a lien on the property. All costs incurred in the evaluation, vacation, securing and emergency demolition are the responsibility of the property owner, shall be reported to the town commission, and the commission shall place a lien on the property as set forth in section 14-225.

(Ord. No. 2014-12, § 1(14-190), 7-22-2014)