[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Any person affected by any order or notice of violation which
has been issued in connection with the enforcement of any provision
of this Exterior Property Maintenance Code may request, pursuant to
the requirements of this article, a hearing on the matter before the
Exterior Property Maintenance Code Committee. A written petition requesting
such a hearing and containing a statement of the grounds therefor
shall either be delivered personally to the Town Administrator or
sent by certified or registered mail, return receipt requested, within
10 business days after the notice or order was served. Filing of such
petition shall stay any further enforcement provisions until the Committee
conducts a hearing and returns a final determination.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Upon receipt of such petition, the Town Administrator shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice of violation
or order should be modified or withdrawn. The hearing shall be commenced
not later than 10 business days after the day on which the petition
was filed, provided that upon application of the petitioner, the Town
Administrator may postpone the date of the hearing for a reasonable
time beyond such ten-day period if, in his judgment, the petitioner
has submitted a good and sufficient reason for such postponement.
After such hearing, the Exterior Property Maintenance Code Committee
shall sustain, modify or withdraw the notice of violation or order,
depending upon its findings as to whether the provisions of this chapter
have been complied with. If the Exterior Property Maintenance Code
Committee sustains or modifies such order or notice of violation,
the notice of violation or order shall be deemed to be final. If the
order or notice of violation is modified, the petitioner must proceed
diligently with curing the violation.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
The proceedings at a hearing, including the findings and decision
of the Exterior Property Maintenance Code Committee, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the Town Clerk. Such record shall also include a copy of
every notice or order issued in connection with the matter. Any person
aggrieved by a decision of the Exterior Property Maintenance Code
Committee or other final order may seek relief therefrom in any court
of competent jurisdiction.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public safety, he may, without an opportunity for a hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Construction Official deems necessary to meet the emergency, including the posting of security in accordance with § 35-6.3. Such order shall be deemed a final order and shall be effective immediately; provided, however, that any person aggrieved therefrom may seek relief in any court of competent jurisdiction. The Construction Official may, in addition, cause the structure or part thereof to be razed and removed or repaired, either through an available public agency or by contract or arrangement with private persons, and the costs of such razing and removal or repair shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
