(A) Whenever a petition is filed with the public officer by a public authority or by at least five residents of the municipality charging that a dwelling is unfit for human habitation or whenever it appears to the public officer (as self-evident) that any dwelling is unfit for human habitation, the public officer shall if the preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of, and all parties in interest in, the dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or a designated agent at a place therein fixed not 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 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 public officer.
(B) If, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation, the public officer shall state in writing the findings of fact in support of the 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 the value), requiring the owner, within the time specified in the order, to repair, alter, or improve the 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 the value), requiring the owner, within the time specified in the order, to remove or demolish the dwelling.
(C) If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered, or improved or to be vacated and closed; that the public officer 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 public officer may cause the dwelling to be removed or demolished; and
(E) The amount of the cost of the repairs or alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which the cost was incurred and shall be collected in the same manner as town taxes.
(F) Complaints or orders issued by a public officer pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of the persons is unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of the complaint or order upon the persons may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the dwellings are located. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of the complaint or order shall also be filed with the clerk of the county in which the dwelling is located.
(G) Any person affected by an order of a public official may request one extension of deadline not to exceed 90 days.
(Ord. 89-02, passed 1-10-89; Am. Ord. 07-06, passed 5-22-07)