§ 14-85. Action upon report of dangerous conditions; notice to owners of property involved; service of notice.

(a)

Upon report to the town council by the building inspector, the chief of the fire department or the health director that he has inspected any building, wall or other structure in the town and that, because of facts to be stated in such report, such building, wall or other structure is deficient to such an extent that it constitutes a hazard to the public safety or health or that it stands in violation of some provision, which he shall identify by section number or other appropriate reference, of the building code, the fire prevention code or any state or county law, ordinance or regulation relating to the public health, the building official shall cause written notice to be:

(1)

Given to the owner, the owner's agent or the person in control of such building, wall or other structure; and

(2)

Published once a week for two successive weeks in a newspaper having general circulation in the town.

The report shall enumerate the findings of the reporting officer and shall direct the addressee to remove, repair or secure such building, wall or other structure in such manner as prescribed by the reporting officer in his report to the council, which shall be stated in the notice, and to do so within such reasonable period of time as shall be specified in such notice. The notice shall specify the required repairs or improvements to be made to the building or require the unsafe building or portion of the building to be taken down and removed. Such notice shall require the person notified to declare to the designated official without delay acceptance or rejection of the terms of the notice. Whenever possible, the notice of unsafe building should also be given to the tenants of the unsafe building.

(b)

If the person named in the notice of the unsafe building cannot be found after diligent search, such notice shall be sent by registered or certified mail to the last known address of such person. A copy of the notice shall be posted in a conspicuous place on the premises. Such procedure shall be deemed the equivalent of personal notice.

(c)

Notices given pursuant to subsection (a) of this section shall also contain a statement that:

(1)

Failure to comply with the terms thereof within the period of time stated therein shall subject the addressee to prosecution for violation of this section;

(2)

If, upon the expiration of the period of time for compliance as stated in the notice, the terms of the notice have not been fully complied with, the town may proceed to have such work done as may be necessary to comply fully with the terms of such notice;

(3)

In such case, all costs and expenses thereby incurred by the town shall be chargeable to and paid by the owner of the property in default and may be collected by the town as taxes and levies are collected; and

(4)

Every such charge which remains unpaid shall constitute a lien upon such property.

(d)

Notices given pursuant to this section may be served in any manner authorized by law.

(Code 1992, § 4-65)

(Code 1992, § 4-65)