§ 96.05  REPAIR, CLOSING OR DEMOLITION OF UNFIT DWELLINGS.
   (A)   The Building Inspector of the town is hereby designated as the public officer and appointed to exercise the powers as follows except for division (B) of this section. The Town Code Enforcement Officer is hereby designated as the public officer for that specific section. The public officer may determine that a dwelling is unfit for human habitation if, including but not limited to, the following conditions exist, to wit:
      (1)   Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structure defects; uncleanliness;
      (2)   Any violation or deviation from the following standard building codes which constitute the official building code of the town, to wit:
         (a)   International Building Code            2006 Edition
         (b)   International Residential Code         2006 Edition
         (c)   International Plumbing Code            2006 Edition
         (d)   International Mechanical Code         2006 Edition
         (e)   International Fuel Code               2006 Edition
         (f)   International Fire Code               2006 Edition
         (g)   International Energy Conservation Code   2006 Edition
         (h)   National Electrical Code               2006 Edition
         (i)   International Existing Building Code      2006 Edition
   (B)   Property maintenance restoration and preservation. The following conditions are declared in violation of this chapter. All property within the town limits whether vacant, improved, or unimproved shall be maintained by the owner and free of the following:
      (1)   Peeling or cracked building exteriors which can contribute to wood rot, termite infestation, water damage, and other conditions which reduce property values shall be promptly repaired;
      (2)   Substantial areas of deteriorated building materials such as dry rot, and broken or missing portions of stucco and broken or missing windows and doors, which shall be promptly repaired;
      (3)   Fences and walls in front yard setbacks 3 1/2 feet in height. Walls are to remain free of sagging, broken, rotted or defective support posts, missing or broken fence boards and damaged or missing blocks from block walls;
      (4)   Unoccupied or vacant buildings, structures or parts thereof shall be kept secured against unauthorized entry and water damage; and
      (5)   If boarded, boarding shall be done in a manner and with materials specified by the building and zoning official.
   (C)   Whenever a complaint is filed with the public officer by a resident of the municipality charging that any dwelling is unfit for human habitation or whenever it appears to the public officer (on his or her own motion) that any dwelling is unfit for human habitation, the public officer shall, if his or her preliminary investigation disclose a basis for such charges, issue and cause to be served upon the owner of and all parties in interest in such dwelling a complaint stating the charges in that respect.
   (D)   If, after notice, the public officer determines that the dwelling under consideration is unfit for human habitation, he or she shall state in writing his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order as follows:
      (1)   If the repair, alteration or improvements of the dwelling can be made at a reasonable cost in relation to the values of the dwelling, not to exceed 50% of the value of the dwelling in its condition at the time of the issuance of the complaint, requiring the owner, within the time specified in the order, to repair, alter or improve such 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, (i.e. a cost exceeding 50% of the value of the dwelling at the time of issuance of the complaint) issue an order requiring the owner, within the time specified in the order, to remove or demolish such dwelling.
   (E)   If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling within 30 days of the date of the service of such order, the public officer will issue a citation stating the date and time at which the owner will be required to appear in municipal court for adjudication of the complaint.
(Ord. 4152014-B, passed 5-20-2014)