[HISTORY: Derived from Ch. 11, Art. 4, Div.
3, of the prior Code. Amendments noted where applicable.]
For the purposes of this chapter, an excavation
for construction of a building which remains uncovered for a period
of 30 days shall be considered to be an abandoned excavation.
The maintaining of an abandoned excavation on
any property located within the corporate limits of the Town of Milton
which constitute a serious hazard to life and property shall be and
is hereby declared to be a common and public nuisance.[1]
Whenever the Building Inspector, Town Clerk,
or the Council of Milton receive any information that an abandoned
excavation exists within the corporate limits of the Town of Milton,
the Building Inspector shall forthwith investigate and determine whether
the excavation is an abandoned excavation constituting a serious hazard
to life and property and shall make a report, in writing, to the Council
of Milton at the next regular meeting thereof, setting forth his/her
findings and conclusions concerning the excavation.
If the Building Inspector concludes, following
his/her investigation that an excavation is an abandoned excavation,
the Council of Milton shall cause a notice to be directed to the owner
of the building at his/her/their last known address, setting forth
the findings and conclusions of the Building Inspector. The notice
shall set a time and date for a public hearing before the Council
of Milton to afford the interested parties an opportunity to show
cause, if any they have, where the excavation investigated by the
Building Inspector should not be declared to be an abandoned excavation
and a hazard to life and property and why it should not be ordered
refilled. The date of the public hearing shall not be later than 20
days from the date of the notice. Any notice given pursuant to this
section shall be by certified mail with return receipt requested.
The Council of Milton shall also direct that a copy of said notice
be posted on the premises where the excavation exists.
At the public hearing, the owner of the building
shall be permitted to present evidence why the excavation should not
be declared an abandoned excavation and a common and public nuisance
and why he should not be ordered to abate the condition by refilling
such excavation.
Following the hearing and presentation of any
evidence by the owner, the Council of Milton shall issue its findings
and conclusions concerning the excavation. If it is found that the
excavation is an abandoned excavation and constitutes a hazard of
life and property, it shall be declared to be a common and public
nuisance and its refilling by a certain date shall be ordered.
If the owner fails to comply with any order
issued by the Council of Milton within the time specified in the order,
the Council of Milton shall authorize the Town Solicitor to file suit
in a court of competent jurisdiction against such owner and obtain
the necessary order to enforce the directions of the Council of Milton.
