§ 6-22. Emergency condemnations; assessment of costs; appeals.

(a)

Emergency condemnation.

(1)

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, unless an unfit or unsafe dwelling or structure, including an accessory building or structure or manmade body of water, is immediately repaired, demolished, or removed, the code inspector shall promptly cause such building, structure or portion thereof, including an accessory building or structure or manmade body of water, to be made safe or removed. For this purpose the code inspector 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.

(2)

Upon inspection, the code inspector, shall determine whether the dwelling or structure or portion thereof, including any accessory building or structure or manmade body of water 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 dwelling, structure, or portion thereof including any accessory building or structure or manmade body of water will be taken when feasible.

(3)

The code inspector may order the vacation of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way.

(4)

If the code inspector determines there is sufficient time prior to demolition, a notice and order will be provided via priority mail, courier delivery or by other reasonable means to the owner and interested parties informing him/her/them of the emergency demolition. This written notification must state the findings of the code inspector, documenting cause for demolition or removal. Where the owner or other interested party fails to take immediate corrective action as ordered by the code inspector, the code inspector shall have the authority to promptly proceed with the abatement of the unsafe structure in accordance with this section. Failure to effect personal notice upon the individual owner or interested parties shall not prevent the town from performing the emergency demolition or removal and levying a non-ad valorem assessment on the property. All costs incurred in the evaluation, vacation, security and emergency demolition are the responsibility of the property owner, shall be reported to town council, and the town shall impose a non-ad valorem special assessment on the property if the town is not timely reimbursed for the costs.

(b)

Appeal and hearing of notice of emergency condemnation/order to demolish.

(1)

Appeals before the special magistrate may be taken by any interested party of a notice of emergency condemnation/order to demolish only in cases where the structure has not been secured or demolished. Such interested party is afforded a right of hearing upon payment of any appeal fee set by resolution of town council and submission of a written request for such hearing to the town manager or designee within five days of receipt of actual or constructive notice of the emergency condemnation/order to demolish.

(2)

The hearing will be scheduled as soon as possible after receipt of the appeal and shall be a public hearing. Notice will be mailed to the interested party requesting the appeal and other interested parties. Said notice shall be sent at least five days prior to the appeal hearing. Each hearing shall be electronically recorded.

(3)

Failure to effect personal notice upon an interested party shall not prevent the town from performing the emergency demolition or removal and placing a non-ad valorem assessment on the property as set forth in section 6-25 after performing the emergency demolition or removal.

(c)

Notification of special magistrate's determination. The code inspector shall advise the owner or record title holder of the special magistrate's action by the most expeditious means available.

(Ord. No. 2014-03, § 1, 4-22-2014; Ord. No. 2016-01, § 4, 7-12-2016)