(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Inspector by a public authority or by at least 5 residents of the Town charging that any dwelling or dwelling unit is unfit for human habitation, or that any abandoned structure is a health or safety hazard, or whenever such appears to the Inspector, or inspection, he or she shall conduct a preliminary investigation. If the preliminary investigation discloses a basis for the charges, the Inspector shall issue and cause to be served on the owner and parties in interest of the structure, dwelling, or dwelling unit, a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed not less than 10 nor more than 30 days after the serving of the complaint.
(1) It shall be unlawful for the owner or the agent of any owner on whom the complaint has been served to permit any person to occupy any structure, dwelling or dwelling unit which is vacant at the time of service of the complaint or which shall subsequently become vacant until the owner or agent of the owner shall have obtained from the Building Inspector an occupancy permit. The Building Inspector shall issue an occupancy permit on a determination that the structure, dwelling or dwelling unit complies with the provisions of this chapter.
(2) The owner or any party in interest shall have 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.
(3) Notice of the hearing shall also be given to at least 1 of the persons signing a petition relating to the structure or dwelling. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.
(B) Procedure after hearing.
(1) After notice and hearing, the Inspector shall state in writing his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(2) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of that determination, and shall issue and cause to be served on the owner thereof an order directing and requiring the owner to repair, alter, and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alterations, and improvements have been made.
(3) If the Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support the determination, and shall issue and cause to be served on the owner thereof an order directing and requiring the owner to either repair, alter, and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish it within a specified period of time not to exceed 90 days.
(4) If the Inspector determines that a structure is abandoned and is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities, the Inspector shall report the determination to the Town Council for consideration of an ordinances pursuant to § 151.41. The subsequent procedure with respect to the ordinance, if adopted, shall be as provided for orders issued by the Inspector pursuant to this section.
(1989 Code, § 151.32) (Ord. passed 7-14-1981; Am. Ord. 472, passed 6-14-1994)