(A) Preliminary investigation. Whenever it appears to the Administrator that a nonresidential building has not been properly maintained and that the safety or health of the building's occupants or members of the general public is jeopardized due to the failure of the property to meet the minimum standards established by this chapter, the Administrator shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation of a nonresidential building discloses evidence of a violation of the minimum standards established by this chapter, the Administrator shall issue and cause a complaint to be served upon the owner and the parties in interest identified during the investigation of the nonresidential building. The complaint shall state the charges and contain a notice that a hearing will be held before the Administrator at a place and time on a date specified within the notice, the said hearing date shall not be less than ten days nor more than 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 to give testimony at the place and time specified in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Administrator.
(C) Procedure after hearing.
(1) If, after notice and hearing, the Administrator determines that the nonresidential building has been maintained so as to meet the minimum standards established by this chapter, the Administrator 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 the determination.
(2) If, after notice and hearing, the Administrator determines that the nonresidential building has not been properly maintained and, consequently, the safety or health of the building's occupants or members of the general public is jeopardized by the failure of the property to meet the minimum standards established by this chapter, the Administrator 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 in accordance with the provisions of divisions (C)(3) and (C)(4) of this section.
(3) If the Administrator determines that the cost of repair, alteration, or improvement of the building would not exceed 50% of the building's then current value, then the Administrator shall state in writing the findings of fact in support of the determination and issue an order that requires the owner, within a reasonable time period that shall be no less than 60 days and that shall be clearly stated in the order, to either: repair, alter, or improve the nonresidential building in order to bring the building into compliance with the minimum standards established by this chapter; or vacate and close the nonresidential building for any use.
(4) If the Administrator determines that the cost of repair, alteration, or improvement of the building would exceed 50% of the building's then current value, then the Administrator shall state in writing the findings of fact in support of the determination and issue an order that requires the owner, within a reasonable time period that shall be no less than 60 days and that shall be clearly stated in the order, to either: repair, alter, or improve the nonresidential building in order to bring the building into compliance with the minimum standards established by this chapter; or to remove or demolish the nonresidential building.
(D) Failure to comply with order and subsequent action to be taken.
(1) If the owner fails to comply with an order to repair, alter, or improve the nonresidential building or, alternatively, vacate and close the nonresidential building, the Administrator shall submit to the Town Council an ordinance ordering the Administrator to either cause the nonresidential building to be repaired, altered, or improved in order to bring the building into compliance with the minimum standards established by this chapter or to cause the building to be vacated and closed for any use. The property shall be described in the ordinance. If the Town Council adopts the ordinance, the Administrator shall cause the building to be repaired, altered, or improved or to be vacated and closed for any use.
(2) If the owner fails to comply with an order to repair, alter, or improve the nonresidential building or, alternatively, to remove or demolish the building, the Administrator shall submit to the Town Council an ordinance ordering the Administrator to cause the nonresidential building to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building until the owner has first been given a reasonable opportunity to bring the building into conformity with the minimum standards established by this chapter. The property shall be described in the ordinance. If the Town Council adopts the ordinance, the Administrator shall cause the building to be removed or demolished.
(Ord. passed 7-27-2020)