[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Whenever i) a petition is filed with the enforcement officer
by a public authority or by five residents of the Town, not residing
in the same dwelling unit, all of whom must disclose their names and
addresses, or five business owners, all of whom must disclose their
names and addresses, charging that any premises or portion thereof
is in violation of this Exterior Property Maintenance Code, and the
enforcement officer, after an investigation which shall be conducted
promptly, agrees with such charge; or ii) it is determined by the
enforcement officer on the basis of an independent investigation that
any premises or portion thereof is in violation of this Exterior Property
Maintenance Code or that any condition constitutes a public nuisance
or blighted condition within the meaning of this chapter or otherwise
presents a condition harmful to the health and safety of the occupants
of premises or the public, he shall give notice of such violation
to the person or persons responsible therefor as hereinafter provided.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Notices of violations of this Exterior Property Maintenance
Code and any orders issued pursuant to this Exterior Property Maintenance
Code shall be given by the enforcement officer to the owner and occupant
of the applicable premises, or to the person or persons responsible
therefor, in the manner prescribed below. If the Construction Official
has condemned the property or a part thereof, the Construction Official
shall give notice to the owner and to the occupants of the intent
to placard the premises and to vacate the property, order equipment
out of services or demolish or repair a structure, as applicable.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018; 9-22-2020 by G.O. No. 2190; 2-28-2023 by G.O. No. 2023-05]
A notice or order pursuant to this Exterior Property Maintenance
Code shall:
(a)
Be in writing.
(b)
Include a description of the real estate sufficient for identification.
(c)
Include a statement of the reason or reasons why it is being issued.
(d)
In the case of a condemnation order, include a date by which the
premises must be vacated and closed up.
(e)
If applicable, include a correction order allowing 14 days for the
repairs and improvements required to bring the premises into compliance
with this Exterior Property Maintenance Code, except that any person
issued a correction order within six months of the date of a previous
correction order for the same violation shall be given seven days
to repair or improve the condition alleged to be in violation of the
Code. The recipient of said correction order notice may apply in writing
for an extension of time for such work to be completed to the enforcement
officer, which may be granted or denied at the discretion of the enforcement
officer. A shorter time period may be required by the enforcement
officer if in his opinion it is required for reasons of public safety.
(f)
Include an explanation of the owner's right to seek modification
or withdrawal of the notice or order by petition of appeal to the
Exterior Property Maintenance Code Committee, or in the case of a
demolition order, include a date by which application for a restraining
order may be made to a court of competent jurisdiction.
(g)
Include a statement of the penal and remedial provisions available
to the Town for noncompliance.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Except in the case of an order of demolition, service of a notice
or order shall be made by delivering same to the owner and occupant
personally, or by certified or registered mail with return receipt
requested, and regular mail addressed to the occupant at the premises
and to the owner at the last known address and regular mail; or if
a certified or registered letter to the occupant is returned with
receipt showing that it has not been delivered, by posting a copy
thereof in a conspicuous place in or about the structure affected
by such notice.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
An order of demolition shall be served upon the occupant of
a structure, if any, upon the owner of record and upon the holder
of any mortgage of record, in the same manner provided for service
of a summons by a court of competent jurisdiction; provided, however,
if the owner or the holder of a mortgage of record cannot be found,
the order may be served by posting a copy thereof in a conspicuous
place in or about the structure affected by such notice, by mailing
a copy by regular mail and by publishing it once a week for three
successive weeks in the newspaper which has been designated as the
official newspaper of the Town.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
It shall be unlawful for the owner of any premises who has received
a notice of violation or condemnation or demolition order, to sell,
transfer, lease or otherwise dispose of such premises, or any part
thereof, until the provisions of the condemnation order, demolition
order or notice of violation have been complied with, or until such
owner shall first furnish the grantee, transferee or lessee, a true
copy of any condemnation order, demolition order or notice of violation
issued by the enforcement officer and shall furnish to the enforcement
officer a signed and notarized statement from the grantee, transferee
or lessee, acknowledging the receipt of such condemnation order or
demolition order or notice of violation and fully assuming the responsibility
for making the corrections or repairs required by such condemnation
order, demolition order or notice of violation.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
It shall be unlawful for any person to erect, construct, alter,
extend, repair, remove, demolish, use or occupy any structure, or
to cause the same to be done contrary to or in conflict with, or in
violation of any of the provisions of this Exterior Property Maintenance
Code, or any order issued hereunder.
