(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Building Official by at least five residents of the town charging that any structure exists in violation hereof, or whenever it appears to the Building Official upon inspection that any structure exists in violation hereof, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the structure a complaint stating the charges and containing a notice that a hearing will be held before the Building Official at a place therein fixed, not less than ten days nor more than 30 days after the serving of the 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 the hearing shall also be given to at least one of the persons signing a petition relating to the structure. 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 Building Official.
(B) Procedures after hearing.
(1) After the notice and hearing, the Building Official shall state, in writing, his or her determination whether the structure violates §§ 151.40 et seq.
(2) If the Building Official determines that the structure is in violation, he or she shall state, in writing, his or her finding of fact to support the 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 the structure or else remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In persona remedy. If the owner of any structure shall fail to comply with an order of the Building Official within the time specified therein, the Building Official may submit to the Town Board, at its next regular meeting, a resolution directing the Town Attorney to petition the superior court for an order directing the owner to comply with the order of the Building Official, as authorized by state law.
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the Building Official within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the Building Official shall submit to the Town Board an ordinance ordering the Building Official to cause the structure to be removed or demolished, as provided in the original order to the Building Official, and, pending the removal or demolition, to placard the structure, as provided by state law.
(D) Petition to superior court by owner. Any person aggrieved by an order issued by the Building Official shall have the right, within 30 days after issuance of the order, to petition the superior court for a temporary injunction restraining the Building Official, pending a final disposition of the cause, as provided by state law.
(1983 Code, § 6-40) (Ord. passed 12-10-1991)