[HISTORY: Adopted by the Town Council of the Town of Myersville 8-10-1999
(Section 408 of the 1999 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for infractions — See Ch. 20.
A.
If the Mayor and Council finds that a building has been
constructed, altered or repaired in a manner which makes the condition of
the building unsafe; or a building is a fire, health or safety hazard for
any reason, including, but not limited to, lack of repair, age, dilapidated
condition, abandonment or storage of combustible, flammable or explosive substances
or material in the building or on its premises; or any condition in a building
or on its premises endangers the safety of persons occupying or using the
building or premises or endangers any adjacent building, premises, property
or persons thereon; or a building is dangerous or detrimental to life, health
or property, the Mayor and Council may issue an order requiring the owner
of the building or premises to repair, demolish, remove, alter or otherwise
improve the building or correct the dangerous condition. The Mayor and Council
may designate an employee, official, or contractor to act as its agent in
issuing such orders.
B.
Every order issued under this section shall be in writing
and shall be directed to the owner of the building or premises. The order
shall specify a date by which the owner must comply with the order. The order
shall be served upon the owner by personal delivery or by certified mail,
return receipt requested. In the event that the owner is absent from Frederick
County or if, after reasonable efforts to locate the owner, his whereabouts
are unknown, the order may be served by posting a copy on the front door of
the building or in another conspicuous place on the premises and by mailing
a copy by both regular and certified mail, return receipt requested, to the
last known address of the owner.
C.
An owner who desires to contest the order may request
a hearing before the Mayor and Council. The request for the hearing must be
submitted, in writing, to the Mayor and Council within 15 days of service
of the order. Upon receipt of a request for a hearing the Mayor and Council
shall set the matter for a hearing and shall notify the owner of the date,
place and time of the hearing. The order shall be stayed pending the hearing.
Any order issued by the Mayor and Council after the hearing shall be complied
with within 15 days of the date of the order unless another date is established
by the Mayor and Council.
A.
In the event that the owner fails to comply with the
order within the time limits stated therein and fails to request a hearing,
or in the event the owner fails to timely comply with the order of the Mayor
and Council after a hearing, the Mayor and Council, or its officials, employees,
contractors or agents may enter the building or premises which are the subject
of the order and cause the building or premises to be repaired or demolished
and the materials removed, or may cause any dangerous condition to be abated
or remedied, as the case may be, at the expense of the owner.
B.
If the owner fails to repay the Town for expenses incurred under Subsection A within 30 days after written demand has been mailed to the owner's last known address, the amount of the expenses shall constitute a lien attached to the property in favor of the Town, and said expenses may be collected as, and in the same manner as, taxes. The property may be sold at tax sale to satisfy the lien authorized by this subsection. In addition, the Town may exercise any other remedy it may have to collect the amounts due.
In the event that the condition of the building or premises is such
that demolition, abatement, repair or other improvement is immediately necessary
to preserve life, health or property, and that compliance with the time, notice
and hearing provisions of this chapter would result in immediate and irreparable
damage to or loss of life, health or property, then the Mayor and Council
may take such immediate action as is necessary only to relieve and abate the
immediate danger. The Mayor and Council shall, as soon as reasonably possible,
provide the owner with the notices, opportunities and other procedures of
this chapter. The Town, the Mayor and Council and its agents, employees, officials
and contractors shall be relieved of all liability to the owner for damages,
losses and claims resulting from actions taken under this section.
[Amended 10-11-2005]
In addition to the other remedies provided herein, any person who willfully violates any provision of this chapter shall, upon conviction, be guilty of a Class E municipal infraction, and shall be subject to the fines as set forth in Chapter 20. Any and all court costs and/or costs of prosecution shall be paid by the violator upon conviction, in addition to the penalties provided for in this section.
