[HISTORY: Adopted by the City Council of the City of Franklin 5-5-1986
as Title Four, Ch. I of the 1986 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any building which, because of fire damage, constitutes a fire hazard
or hazard to public safety or health.[1]
Any building which, because of inadequate maintenance, dilapidation,
physical damage, unsanitary conditions or abandonment, constitutes a fire
hazard or hazard to public safety or health.
The Fire Chief of the City of Franklin may declare any such building
within the territorial limits of Franklin a hazardous building. Upon the determination
that any such building is a hazardous building, then the Fire Chief shall
immediately notify the owner of such building by registered mail, requesting
a return receipt. The written notice shall state what conditions contribute
to the property being hazardous and what repairs, if any should be appropriate,
must be made and state that the building must be repaired or razed within
30 days of the receipt of such notice. Additionally, the written notice shall
state that the hazardous property must be secured to prevent unauthorized
entrance to the building within 48 hours of receipt of the notice.
Upon the receipt of a notice, as described in § 121-2 above, the property owner shall immediately secure the building as provided and shall immediately commence with the repairs or razing of the subject property, said repairs to commence not more than 14 days after receipt of the written notice. Such efforts shall continue on a daily basis, Sundays and holidays excepted, until completed.
A building or structure declared dangerous or unsafe by a duly constituted
municipal authority may be restored to safe condition. If, however, the damage
or cost of reconstruction or restoration is in excess of 75% of the fair market
value of the building or structure and its land, such building or structure
shall be made to conform with respect to materials and type of construction
to the requirements for buildings and structures hereafter erected. No change
of use or occupancy shall be compelled by reason of such reconstruction or
restoration.
No person shall be allowed on the site of such a hazardous building
except to inspect, repair or raze the building in question.
The Fire Chief of the City of Franklin may, for good cause, at any time
modify the order to the property owner regarding the securing, repair or razing
of any such building. Upon the determination that a building is no longer
in hazardous condition, the Fire Chief shall notify the property owner, in
writing, of the building's change in status, and the property owner may
then allow admission to the building for purposes other than that stated above.
Any property owner who disagrees with findings of the Fire Chief regarding
a hazardous building may appeal the order, or any part thereof, to the Franklin
District Court. During the pendency of such an appeal, all time limits under
this chapter shall be held in abeyance, except those regarding the securing
of the property and the admission of persons to the building.
The Fire Chief may, if necessary, seek an enforcement order from the
Franklin District Court pursuant to RSA 155-B, without further action of the
Franklin City Council.
Any person found to have violated any section or sections of this chapter
shall be fined not less than $10 for each day of violation.
