Fairfield Municipal Code Art. VI Enforcement of Order of Hearing Examiner

After any order of the hearing examiner made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order.

If, after any order of the hearing examiner made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department head may institute any appropriate action to abate such conditions on the subject premises which constitute the public nuisance.

(a) Whenever the required abatement is not commenced within fifteen days after an order issued under this code becomes final or effective, the department head may, in addition to any other remedy herein provided, cause the nuisance to be abated, so as to put the premises in such a condition that no violation of this code exists thereon.

(b) The cost of such abatement shall be assessed against the property as a lien or made a personal obligation of the owner thereof as provided in Article X of this chapter.

(a) Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he will comply with the order if allowed additional time, the department head may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty days, within which to complete such abatement, if the department head determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.

(b) The authority of the department head to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code.

(a) If an owner has commenced the abatement required by the order, and such owner fails to complete any portion of such abatement within the time period specified in the order, or if no time period for completion is specified in the order and he has failed, in the opinion of the department head to make a reasonable progress on such abatement, the department head may refer the case to the hearing examiner for further hearing.

(b) If the department head refers a case to the hearing examiner for further hearing, he shall give written notice of his action to all persons who are entitled to hearing notice under the provisions of section 27.505, such notice to be mailed not later than ten days prior to the hearing by the hearing examiner.

(a) The referral hearing shall be conducted in the same manner as the original hearing by the hearing examiner. If the hearing examiner determines that the owner has failed to complete any portion of the work required by his order within the time period specified by such order or has failed to make reasonable satisfactory progress on such work, if no time period is specified in the order, he may:

(1) Grant further extension of time to the owner to complete such abatement; or

(2) Order the department head to complete the abatement forthwith; or

(3) Take such other action as deemed appropriate in the case.

(b) An order issued by the hearing examiner from a referral hearing shall be served on the persons entitled to the notice of the referral hearing and it may be appealed from in the manner prescribed in this code.

§ 27.708. through § 27.800. Reserved for future legislation.