§ 28-37. Administration and enforcement; continued violation; payment and contesting of Town costs.

A. 

Whenever the Enforcement Officer determines that a person, owner or occupant has failed, neglected or refused to comply with a notice of violation issued under this code within the stated time frame set forth therein, or deems a violation to be a significant public nuisance and has taken reasonable steps to secure its remediation, the Enforcement Officer shall make an inspection of the property and shall prepare a written report of the conditions found, which report shall be filed with the Commissioner of the Building Department or the Commissioner of the Department of Public Safety.

B. 

The Commissioner of the Building Department or the Commissioner of the Department of Public Safety shall serve or cause to be served a written directive, by personal service or certified mail, return receipt requested, upon the owner of record, the owner and address shown on the current assessment roll of the Town, and the last known mortgagee who has initiated the foreclosure process, if applicable, and any person, occupant or agent who was the recipient of the original notice of violation, if different, or by any other method authorized or required under the laws of this state for service of process. Such written directive shall contain the following:

(1) 

The name of the person who is the record owner of the property.

(2) 

The address and tax identification number of the property.

(3) 

The violation or violations which have occurred or are occurring on the property.

(4) 

A description of the condition of the property as last observed by the Enforcement Officer.

(5) 

An order to remedy or remove such violation within five days after service of such written directive and a warning that if said person fails to remove such violations within the stated time period, the Town will authorize the removal of such violations and seek the recovery of attendant costs.

(6) 

That a hearing will be conducted upon written request to the Town Attorney which must be received by the Town Attorney within 48 hours after service of the written directive.

C. 

Upon the failure, neglect or refusal of any person, owner, occupant or agent so notified to properly comply with this code within five days after service of the written directive, the Building Commissioner or the Commissioner of the Department of Public Safety is hereby authorized and empowered to notify the Superintendent of Highways, or an agent of the Town, to correct any violation of this code.

D. 

In a case where the Town or the Town's agent has corrected any violation of this code in response to any person, owner or occupant's failure to comply, that person, owner or occupant shall pay to the Town the costs of any such property maintenance work so performed within 14 days of service of a demand for payment issued by the Town Attorney's office.

E. 

Upon the failure of a person, owner or occupant to pay the above costs, the Town Superintendent of Highways shall certify the costs of any such maintenance compliance work and provide same to the Town Attorney. Such costs and expenses shall be assessed against and recovered from the real property subject to action pursuant to this chapter, as designated by a resolution of the Town Board, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. The provisions of this section with respect to costs shall be in addition to any penalty imposed for violation of or noncompliance with any provision of this code.

F. 

The person, owner or occupant shall have an opportunity to contest the compliance costs and demand for payment issued by the Town Attorney's office upon written request made to the Town Attorney within 10 days of service of the demand for payment being issued by the Town.

G. 

The provisions of § 28-35 notwithstanding, it shall not be necessary for the Enforcement Officer to issue a notice of violation directing the correction of a condition in the instance of a second or any subsequent offense within a twelve-month period, and in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket, and the procedures for administration and enforcement set forth in Subsections B through F may be implemented forthwith.