(A) Preliminary investigation; notice; hearing. Whenever it appears to the public officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet minimum standards established herein, the public officer shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation discloses evidence of a violation in the minimum standards, the public officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the corporate limits of the town scheduled not less than ten days nor more 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(C) Procedure after hearing.
(1) If, after notice and hearing, the public officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.
(2) If, after notice and hearing, the public officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established in this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations set out in divisions (C)(3) and (C)(4) below and elsewhere in this chapter.
(3) An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by in this chapter or to vacate and close the nonresidential building or structure for any use until the nonresidential building or structure is brought into compliance with this chapter.
(4) An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed 50% of its then current value.
(D) Failure to comply with order and ordinances.
(1) If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful.” Any person who occupies or knowingly allows the occupancy of a nonresidential building or structure so posted shall be guilty of a Class 3 misdemeanor.
(2) If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the governing body. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be removed or demolished.
(Prior Code, § 1707)