(a) Preliminary investigation; notice; hearing. Whenever a petition is filed with the code enforcement officer by a public authority or by at least five (5) residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the code enforcement officer, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses as a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the code enforcement officer at a place therein fixed, not less than ten (10) nor more than thirty (30) days after the serving of such complaint. 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. Notice of such hearing shall also be given to at least one (1) of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such 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 code enforcement officer.
(b) Procedure after hearing. After such notice and hearing, the code enforcement officer shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation and, if so, whether it is deteriorated or dilapidated. If the code enforcement officer determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter and improve such 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 ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations and improvements have been made. If the code enforcement officer determines that the dwelling or dwelling unit is dilapidated, he shall state in writing his findings of fact to support such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a specified period of time, not to exceed ninety (90) days.
(c) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the code enforcement officer to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the code enforcement officer to vacate and close and remove or demolish the same within the time specified therein, the code enforcement officer shall submit to the board of commissioners at its next regular meeting a resolution directing the town attorney to petition the superior court for an order directing such owner to comply with the order of the code enforcement officer, as authorized by state law.
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit or of a dilapidated dwelling to comply with an order of the code enforcement officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in paragraph (1) of this subsection, the code enforcement officer shall submit to the board of commissioners an ordinance ordering the code enforcement officer to cause such dwelling or dwelling unit to be repaired, altered, improved or vacated and closed and removed or demolished, as provided in the original order of the code enforcement officer, and pending such removal or demolition, to placard such dwelling as provided by state law and section 9-57
(d) Appeals from orders of code enforcement officer. An appeal from any decision or order of the code enforcement officer may be taken by any person aggrieved thereby. Any appeal from the code enforcement officer shall be taken within ten (10) days from the rendering of the decision or service of the order and shall be taken by filing with the code enforcement officer and with the zoning board of adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the code enforcement officer shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When appeal is from a decision of the code enforcement officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the code enforcement officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the code enforcement officer certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one (1) day's written notice to the code enforcement officer, by the board or by a court of record upon petition made pursuant to state law and subsection (e) of this section. The board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from and may make such decision and order as, in its opinion, ought to be made in the matter, and to that end it shall have all the powers of the code enforcement officer, but the concurring vote of four (4) members of the board shall be necessary to reverse or modify any decision or order of the code enforcement officer. The board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to adapt the application of this chapter to the necessities of the case to the end that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the board, but not otherwise.
(e) Petition to superior court by owner. Any person aggrieved by an order issued by the code enforcement officer or a decision rendered by the board shall have the right, within thirty (30) days after the issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the code enforcement officer pending a final disposition of the case, as provided by state law.
(Code 1977, § 13-15)