(A) Preliminary investigation. On the Officer's own motion, on request of any public authority, or upon receipt of a petition signed by any 5 residents of the town alleging that any building is unsafe, the Officer shall authorize the town building inspector to undertake a preliminary investigation of the premises.
(B) Notice. If the preliminary investigation discloses a basis for such charges, the Officer shall issue and cause to be served upon the owner of the building charged as unsafe a complaint stating the charges and containing a notice that an administrative hearing will be held before the Officer or the Officer's designated agent at a place therein fixed, not later than 10 days after the date of the notice pursuant to division (E). A notice of the pending proceedings shall also be posted in a conspicuous place on the premises affected at least 10 days prior to the date of the administrative hearing. Notice of such administrative hearing shall also be given to at least 1 of the persons signing a petition relating to such building, if any. The Officer may also issue such complaint upon any party in interest in the building. The owner shall have the right to file an answer to the complaint in writing with the Officer before the time fixed on the complaint or to appear in person and give testimony at the place and time fixed in the complaint for the administrative hearing. The owner may also give written authorization for any party in interest in the building to appear on the owner's behalf at the administrative hearing.
(C) Administrative hearing. The purpose of the administrative hearing is to determine the existence of any of those hazardous conditions listed in § 154.005 surveyed in the Officer's preliminary investigation. Any person desiring to do so may attend such administrative hearing and give evidence in the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in administrative hearings before the Officer. The owner may file with the Officer a written statement agreeing that the building referred to in the complaint is unsafe, that the same should be demolished, and agreeing that all costs of demolition shall be a lien in the nature of a special assessment upon the property on which the building is located. In such cases, the Officer may proceed with the demolition without complying with the additional provisions of this section.
(D) Issuance of order after hearing. If, after such notice and administrative hearing, the Officer shall determine that the building under consideration is unsafe under the terms of this article, the Officer shall state in writing his findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. If any party in interest other than the owner took part in the administrative hearing, the order shall also be served on that person. The town at its discretion may also serve the order on other parties of interest in the building who did not take part in the administrative hearing. The order shall require the owner, within the time specified in the order, but not less than 60 days, to repair, alter or improve the building in order to render it safe, or to close such building, or to demolish and remove such building. Any unsafe building ordered to be closed or to be demolished and removed must immediately be vacated upon notice of the order. The Officer may require, upon notice of the order, any unsafe building to be repaired, altered, or improved to be vacated until such time as the Officer determines the building has been made safe. The Officer must affix a copy of the order on the unsafe building, and also a notice stating: "This building is unsafe." For those unsafe buildings which must be or are required to be vacated, notice shall further state: "This building is unsafe and unfit for human habitation. Occupation of this building for human habitation is prohibited and unlawful." It is the owner's responsibility to insure that the building is immediately vacated of all occupants until such time as the Officer determines the building has been made safe. In its order the town may permit a specified party in interest to carry out the order provided that the specified party in interest demonstrates at the hearing its proper legal authority to fulfill the order by making the building safe. Such permission granted by the town to a specified party in interest shall be in addition to, and not in lieu of, the owner's duty to fully comply with the order and does not relieve the owner of any legal responsibilities.
(E) Methods of service of complaints and orders.
(1) Complaints or orders issued by the Officer shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused so long as the regular mail is not returned by the post office within 10 days after the mailing.
(2) If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Officer in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the Officer makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the town at least once, no later than one week prior to the administrative hearing. Nothing in the section limits the town, in its discretion, from providing additional notice by publication in a newspaper having general circulation in the town to person served personally or by registered or certified mail.
(Ord. 11-9, passed 9-12-2011)