§ 6-167. Failure to comply with order; owner's liability for expenses.  


Latest version.
  • (a)

    If the structure is not vacated (in cases of emergency), secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the town may vacate, secure, remove, or demolish the structure or relocate the occupants at its own expense in which event, the owner shall be jointly and severally liable to the town for the expenses incurred by the town in taking such action. Such debt shall be due and payable on demand and shall bear interest at the highest permissible rate of interest per annum from due date.

    (b)

    Charges shall include, but are not limited to, the expenses of inspection or testing by third parties, photography, publication, title search, attorney's fees, labor and equipment costs for preparation of the premises, work to secure, repair, demolish, clean up and remove debris and landfill fees. The town shall certify the expenses incurred in enforcing the provisions of this article. The town shall assess the expenses on, and have a lien against, the property on which the structure was located, unless it is a homestead as protected by the state constitution. If the town assesses such a civil penalty, the town secretary shall file a certified copy of the order containing such penalty with the county district clerk's office no later than three working days after such order from the town council.

(Ord. No. 2009-01, art. I, § 12(A), 7-21-2009)