§ 42-37. Remedy by the town.  


Latest version.
  • (a)

    If, after 15 days from the date of the notice, no written appeal has been filed and the condition described in the notice has not been remedied, the town manager, or his designee, may cause the condition to be remedied by the town at the expense of the property owner. If a written appeal has been filed and the finding of public nuisance is upheld, the town manager, or his designee, may cause the condition to be remedied by the town at the expense of the property owner unless the town commission otherwise directs.

    (b)

    If a written appeal has been filed and the finding of public nuisance is reversed, the town will not assess any costs or administrative penalties against the property, although such administrative penalties would otherwise be authorized by section 42-39.

    (c)

    In cases involving violations of sections 42-28, 42-31, 42-34 or 42-35 in which the town manager, or designee, finds and determines that immediate, direct action to abate hazards imminently dangerous to the health, welfare or safety of the public is required, the town may, upon authorization from the town manager or his designee, cause the conditions to be immediately remedied by town-authorized action. Notice of such remedial action shall be given within five days after such action according to the procedures detailed in section 42-34, except that the notice shall explain, that the violative condition has already been remedied and that the property owner has 15 days from the date of the notice to apply to the town commission to show why costs of the remedial action should not be assessed against the property. Said emergency remedial action shall be at the expense of the property owner; however, the property owner may make a written request for a hearing before the town commission as above provided within 15 days from the date of notice that the violative condition had to be remedied and that a charge is being assessed therefor.

(Ord. No. 2014-16, § 3(42-49), 7-22-2014)