(A) Inspections. The Health Officer and Building Commissioner are hereby severally authorized and directed to make inspections to determine the condition of dwellings, dwelling units and premises located within the town, in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making these inspections, the Health Officer and Building Commission are hereby severally authorized to enter, examine and survey, at proper times after due notice, all dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Health Officer and Building Commissioner access to the dwelling, dwelling unit or rooming unit and its premises, at proper times after due notice, for the purpose of an inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making those repairs or alterations as are necessary to effect compliance with the provisions of this Minimum Housing Code.
(B) Designation of building as unfit for human habitation; condemnation.
(1) The designation of a dwelling or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of the unfit dwelling or dwelling units, shall be carried out in compliance with the following requirements.
(a) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Health Officer or Building Commissioner:
1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;
2. One which lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or of the public; and
3. One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of occupants or of the public.
(b) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Health Officer or Building Commissioner, shall be vacated within 60 days as ordered by the Health Officer or Building Commissioner.
(c) Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from and the placard is removed by the Health Officer or Building Commissioner. The Health Officer or Building Commissioner shall remove the placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(2) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (B)(1)(c) above.
(3) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Town Council, and as the case may be, under the procedure set forth in division (C) below.
(C) Notice of other violations; right to hearing.
(1) Whenever the Health Officer or Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this Minimum Housing Code which affects the health of the general public, or whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision which affects the safety of any occupants or the safety of the general public, the Health Officer or the Building Commissioner, as the case may be, shall give notice of the alleged violation to the person or persons responsible therefor, and to any known agent of the person, as hereinafter provided. The notice shall:
(a) Be put in writing;
(b) Include a statement of the reasons why it is being issued;
(c) Allow a reasonable time for the performance of any act it requires;
(d) Be served upon the owner or his or her agent, to the occupant, as the case may require; provided that the notice shall be deemed to be properly served upon the owner or agent, or upon the occupant, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by registered mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with the notice by any other method authorized or required under the laws of this state; and
(e) The notice must contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Minimum Housing Code.
(2) Any person affected by any notice issued by the Health Officer or Building Commissioner may request and shall be granted a hearing on the matter before the Town Council; provided that the person shall file in the office of the Health Officer or Building Commissioner, as the case may be, within ten days after service of the notice, a written petition requesting a hearing and setting forth a brief statement of the grounds therefor. Upon receipt of the petition, the Health Officer or Building Commissioner, respectively, shall arrange a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held at the next regularly scheduled meeting of the Town Council. At the hearing, the petitioner shall be given an opportunity to be heard and to show cause why the notice should not be complied with.
(3) After the hearing, the respective Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this Minimum Housing Code have been complied with. If the respective Board shall sustain or modify the notice, it shall be deemed to be an order. Any notice served pursuant to division (C)(1) above shall automatically become an order if a written petition for a hearing is not filed in the office of the Health Officer or Building Commissioner within ten days after the notice is served. After a hearing in the case of any notice suspending any permit required by this Minimum Housing Code, when the notice has been sustained by the respective Board, the permit shall be deemed to have been revoked. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Health Officer or Building Commissioner within ten days after the notice is served.
(4) (a) The proceeding at the hearing, including the findings and decision of the Council, shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Council.
(b) The record shall also include a copy of every notice or order issued in connection with the matter.
(c) Any person aggrieved by the decision of the Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(5) Whenever the Health Officer or Building Commissioner finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of an emergency and require that action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this Minimum Housing Code, the order shall be effective immediately. Any person to whom an order is directed shall comply therewith immediately, but upon petition to the Health Officer or Building Commissioner shall be afforded a hearing as soon as possible in the manner provided in division (C)(2) above. After the hearing, depending upon the findings as to whether the provisions of this Minimum Housing Code have been complied with, the Council shall continue the order in effect, or modify it or revoke it.
(Prior Code, § 177.12) (Ord. 2000-17, passed 10-2-2000)