(A) Whenever it is found that there exists in the Town of Winnsboro dwellings which are unfit for human habitation due to:
(1) Dilapidation,
(2) Defects increasing the hazards of fire, accidents or other calamities,
(3) Lack of ventilation, light or sanitary facilities, or
(4) Other conditions rendering such dwellings unsafe or unsanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the Town of Winnsboro, the Town of Winnsboro shall exercise its police powers to repair, close or demolish any such dwelling in the manner described in this section.
(B) Dwellings which are unfit for human habitation shall be repaired, closed or demolished in the following manner:
(1) The Town Manager or his designee (hereinafter “Manager”) is designated to exercise the powers described by this section;
(2) That whenever the Manager on his own motion believes that a dwelling is unfit for human habitation, the Manager shall, if his preliminary investigation discloses 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 and containing a notice that a hearing will be held before the Manager or his designee at a place therein fixed not less than ten days and no more than 30 days after the serving of such complaint;
(3) The owner and parties in interest shall be given 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; and that the rules of evidence prevailing on courts of law or equity shall not be controlling in hearings before the Manager;
(4) If, after such notice and hearing, the Manager 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:
(a) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, 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
(b) If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to remove or demolish such dwelling.
(5) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Manager may cause such dwelling to be repaired, altered or improved or to be vacated and closed; the Manager may further cause to be posted on the main entrance of the dwelling so closed a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful”;
(6) If the owner fails to comply with the order to remove or demolish the dwelling, the Manager may cause such dwelling to be removed or demolished;
(7) The amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the Manager shall be a lien against the real property upon which such cost was incurred and shall be collectable in the same manner as municipal taxes; and
(8) If the town in demolishing the unfit dwelling as authorized herein contracts with a third party not employed by the municipality to do the work, it must bid the work in conformity with the procurement code applicable to the Town of Winnsboro.
(Ord. 4152014-B, passed 5-20-2014; Ord. 62, passed 10-18-2022)