(A) Any dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room shall be designated as unfit for human habitation when any of the following defects or conditions is found, and when, in the judgment of the town, the defect creates a hazard to the health, safety, or welfare of the occupants or of the public:
(1) Is damaged, decayed, dilapidated, unsanitary, unsafe, and/or vermin-infested, and/or contains hazardous levels of lead-based paint or other substance;
(2) Lacks illumination, ventilation, and/or required sanitation facilities; or
(3) The general condition of location is unsanitary, unsafe, and/or unhealthful.
(B) (1) Whenever any dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room has been designated as unfit for human habitation, the town shall placard the dwelling, dwelling unit, rooming unit, dormitory, or dormitory room, indicating that it is unfit for human habitation.
(2) Whenever any dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room has been placarded and vacated, the town shall order services and utilities to be turned off or disconnected and all utility meters to be removed.
(C) No dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room which has been designated as unfit for human habitation, has been placarded as such and vacated, shall be used again for human habitation until written approval is secured from the town and the placard removed by the town.
(D) The town shall rescind the designation as unfit for human habitation and remove the placard when the defect or condition upon which the designation and placarding was based has been removed or eliminated and the dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room is deemed by the town as a safe, sanitary, and fit place or unfit for human habitation.
(E) No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house, rooming unit, dormitory, or dormitory room which has been designated as unfit for human habitation and had been placarded as such, except as provided in division (D) above.
(F) Any person affected by any decision of the town or by any designation or placarding of a dwelling, dwelling unit, rooming unit, dormitory, or dormitory room as unfit for human habitation shall be granted a hearing on the matter before the town under the procedure set forth in § 151.113 of this subchapter.
(1995 Code, § 151.086) Penalty, see § 151.999