If, after such hearing, the Board determines that the structure, building or premises under consideration is dangerous or unfit for human habitation, then the Building Commissioner shall, within ten days, issue and shall cause to be served upon the owner of said building, structure or premises and order, ordering him or her either to restore the said building, structure or premises to a state of satisfactory repair within a reasonable time or to demolish the said building within 60 days.
(A) If the owner of a building or dwelling fails to take steps within 30 days after such order to comply with the order to repair, alter or improve, or to vacate and close the building or dwelling, the Building Commissioner shall cause to be posed on the main entrance to any building or dwelling so closed a placard with the following words:
CONDEMNED This building is dangerous and unfit for human habitation. The use or occupation of this building for human habitation, or any other purpose, is prohibited and unlawful. |
(B) If the owner fails to comply with an order to remove or demolish the building, the Building Commissioner may cause such building to be removed or demolished; provided, however, that the duties of the Building Commissioner, as previously set forth, shall not be exercised until the Board of Zoning Appeals has ordered the Building Commissioner to proceed to effectuate the purposes of this chapter with respect to the particular property or properties which the Building Commissioner shall have found to be unfit for human habitation or dangerous, and which property or properties shall be described in the order.
(C) The amount of the costs of such repairs, alterations or improvements or vacating and closing, or removal and demolition by the Building Commissioner shall be a lien against the real property upon which such costs were incurred such costs shall be placed upon the town’s tax books against the said property and may be collected and the said lien may be foreclosed in the same manner as tax liens are collected and foreclosed, or by suit as the town may determine. If a building or dwelling is removed or demolished by the Building Commissioner, he or she may sell the materials of such dwelling or building and shall credit the proceeds of such sale against the cost of removal or demolition, and any balance remaining shall be deposited in the County Circuit Court, by the Building Commissioner, to be secured in such manner as may be directed by such Court and dispersed by the Court to the persons found to be entitled thereto by final order or decree of said Court.
(D) Failure on the part of any owner or party in interest to receive or have served upon him or her any complaint, notice or order herein provided for, shall not effect or invalidate the proceedings with respect to any other owner or party in interest or any other person, firm or corporation.
(1991 Code, § 132.12)