All buildings or structures that are or hereafter shall become unsafe,
unsanitary, or deficient in adequate exit facilities, or which constitute
a fire hazard, or are otherwise dangerous to human life or the public welfare,
or which by reason of illegal or improper use, occupancy or maintenance, shall
be deemed unsafe buildings or structures. All unsafe buildings shall be taken
down and removed or made safe and secure, as the Building Inspector or designees
may deem necessary and as provided in this section. A vacant building, unguarded
or open at door or window, shall be deemed a fire hazard and unsafe within
the meaning of the Town Building Code.
The Building Inspector or designees shall examine every building or
structure reported as dangerous, unsafe structurally or constituting a fire
hazard and shall prepare a report for unsafe structures and premises, stating
the use of the building, and the nature of damages, if any, caused by collapse
or failure.
A building or structure condemned by the Building Inspector or designees
may be restored to a safe condition; except that if the damage or cost of
reconstruction or restoration is in excess of 50% of its replacement value,
exclusive of foundations, such building shall be made to comply in all respects
with the requirements for materials and methods of construction of buildings
hereafter erected.
Before a building can be demolished or removed or a mobile or manufactured
home can be moved or relocated, the owner or agent shall notify all utilities
having service connections within the building such as water, electric, gas,
sewer and other connections. A permit to demolish, remove or relocate a building
shall not be issued until a release is obtained from the utilities stating
that their respective service connections and appurtenant equipment such as
meters and regulators have been removed or sealed and plugged in a safe manner.
Upon refusal or neglect of the person served with an unsafe notice to
comply with the requirements of the order to abate the unsafe condition, the
following remedies and penalties shall apply:
A. Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter
1, §
1-4, of this General Code.
B. In addition to any other penalty imposed in this General
Code, the Town shall have the right to abate the unsafe condition, and the
cost of abating the unsafe condition by the Town shall be collected as a debt
from the owner, occupant, or person causing, permitting, or maintaining the
unsafe condition; and if notice to abate the unsafe condition has been given
to the owner, such costs shall be assessed against the real estate as a special
charge.
C. The Town shall have the right to seek injunctive relief.