[1980 Code § 117-101]
Where a violation of this code is found to exist, a written
notice from the Health Officer shall be served upon the alleged violator.
[1980 Code § 117-102]
The notice shall specify the violation or violations committed,
what must be done to correct same, a reasonable period of time not
to exceed 14 days to correct or abate the violation, the right of
the person served to request a hearing within 72 hours after receipt
of the notice and that the notice shall become a Municipal Court complaint
in seven days after service unless a hearing is requested.
[1980 Code § 117-103]
Notice may be served personally upon the alleged violator or
by mail addressed to the alleged violator at the business premises
by certified mail return receipt requested.
[1980 Code § 117-104]
Within seven days of the date of service of a notice, the notice
shall constitute a Municipal Court complaint unless the alleged violator
requests a hearing thereon from the Health Officer within the seventy-two-hour
period. Such request for a hearing shall set forth briefly the grounds
or reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Health Officer, upon receipt of the request, shall
within five days therefrom and upon two days' notice to the alleged
violator set the matter down for hearing. Any person exercising his
right of a hearing pursuant to this provision who, without just cause,
fails to appear or fails to have his representative appear on the
date the matter is set down for hearing shall forfeit his right of
a hearing, and the notice shall become a Municipal Court complaint
to correct the violations within the time specified.
[1980 Code § 117-105]
At any hearing provided hereunder, the Health Officer shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena as provided by law. Determination
shall be made within three days from the completion of the hearing.
The Health Officer shall issue an order either incorporating the determinations
and directions contained in the notice, modifying the same or withdrawing
the notice.
[1980 Code § 117-106]
The Health Officer may extend the time for correction or abatement
of the violation for an additional period of time not to exceed 30
days, except where major capital improvements or renovations are involved,
in which instance the time for completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
[1980 Code § 117-107]
Where the violation or condition existing on the premises is
of such a nature as to constitute a threat to life and limb unless
abated without delay, the Health Officer may either abate the condition
immediately or order the owner, operator, occupant or tenant to correct
the violation or condition within a period of time not to exceed 48
hours, and, upon failure to do so, the Health Officer shall abate
the condition immediately thereafter.
[1980 Code § 117-108]
Where abatement of a violation or condition existing on the
premises so as to conform to municipal ordinances or state law applicable
thereto requires expending Town moneys therefor, the Health Officer
shall present a report of work proposed to be done to accomplish the
foregoing to the Town Council with an estimate of the cost thereof
along with a summary of the proceedings undertaken by the Health Officer
to secure compliance, including notices served upon the owners, operators,
tenants, lessors or agents, as the case may be, hearings and orders
of the Health Officer with reference thereto and costs of emergency
abatement of conditions constituting an immediate threat to life and
limb. The Council may thereupon by resolution authorize the abatement
of the nuisance or correction of the violations of this code necessary
to place the premises in proper condition and in compliance with ordinances
of the Town and laws of the State. The Health Officer may thereafter
proceed to have the work performed in accordance with the resolution
of Town, the expense not to exceed the amount specified in the resolution,
and shall, upon completion thereof, submit a report of the moneys
expended and costs to the Council. After review of the same, the Council
may approve the expenses and costs whereupon the same shall become
a lien against said premises collectible as provided by law. A copy
of the resolution approving the expenses and costs shall be filed
with the Tax Collector of the Town, who shall be responsible for the
collection thereof, and a copy of this report and resolution shall
be sent by certified mail to the owner.
[1980 Code § 117-109]
Violations of any provisions of this chapter may be prosecuted without notice by the filing of a complaint by the Health Officer in the Municipal Court when the owner, operator, occupant or tenant has failed to comply with § 25-5; Subsections 25-6.7; 25-8.2, Paragraph b or c; 25-12.2e; 25-16.3 or 25-16.4.
