Q Is a municipality required to issue new notice, conduct a new hearing, and make a new adjudication prior to cleaning a property deemed a menace, if the property sold to a new owner prior to an assessment being filed?

A Yes, the municipality must begin the process anew. The provisions of Section 21-19-11(3)(a) authorize the municipality to file an assessment against the property in an effort to recoup clean-up costs provided that the requirements contained in Section 21-19-11 are met. If the municipality did not clean the property prior to the purchase and, most importantly, no assessment was made against the property, the municipality would be required to start the clean-up process anew. The new owner must be provided with lawful notice, a new hearing must be conducted, and a new adjudication must be made by the municipality, even if the new owner had knowledge of the municipalityís prior actions concerning clean-up of the subject property. (Attorney Generalís Opinion to Miller, October 30, 2015)