(a) Whenever a petition is filed with the codes administrator by at least 5 residents of the county charging that any dwelling is unfit for human habitation or whenever it appears to the codes administrator (on his own motion) that any dwelling is unfit for human habitation, the codes administrator shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the codes administrator or his designated agent at a place therein fixed not less than 10 days nor more than 30 days after the serving of such complaint; that the owners and parties in interest shall be given the right to file an answer to 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 codes administrator.
(b) If, after such notice and hearing, the codes administrator determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
(1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling (“reasonable cost” being not over 50% of such value), requiring the owner, within the time specified in the order, to repair, alter or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or
(2) If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling (“reasonable cost” being not over 50% of such value), requiring the owner, within the time specified in the order, to remove or demolish such dwelling.
(c) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the codes administrator may cause such dwelling to be repaired, altered or improved or to be vacated and closed, and the codes administrator may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
(d) If the owner fails to comply with an order to remove or demolish the dwelling, the codes administrator may cause such dwelling to be removed or demolished.
(e) The amount of the cost of such repairs, alterations or improvements, vacating and closing or removal or demolition by the codes administrator shall be a lien against the real property upon which such cost was incurred and shall be collected in the same manner as county taxes are collected.
(f) Complaints or orders issued by the codes administrator pursuant to this order shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown or cannot be ascertained by the codes administrator in the exercise of reasonable diligence and the codes administrator shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing it once a week for 2 consecutive weeks in a newspaper printed and published in the county or in a newspaper printed and published in the City of Greenville and circulated in the county.
(1976 Code, § 5-55) (Ord. 733, § 5; Ord. 4316, § 2, passed 9-15-2009)