§ 165-5. Order to repair; removal or demolition by town.
   If after such notice and hearing the Construction Code Official determines that the dwelling under consideration is unfit for human habitation, as herein defined, he/she shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
   A.   The repair, alteration or improvement of the said building to be made by the owner, within a reasonable time, which shall be set forth in the order or at the option of the owner to vacate or to have said building vacated and closed within the time set forth in the order.
   B.   If the building is in such condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the said building within the time specified in the order, that the owner remove or demolish the said building within a reasonable time as specified in the said order of removal.
   C.   That if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Construction Code Official may cause such building to be repaired, altered or improved or to be vacated and closed; that the Construction Code Official may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
   D.   That if the owner fails to comply with an order to remove or demolish the building, the Construction Code Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
   E.   That the amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in the favor of the municipality and the cost of such repairs, alterations or improvements or of vacating and closing or of removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Construction Code Official, he/she shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens, and a copy thereof, shall be forthwith forwarded to the owner by certified mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Construction Code Official, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).