[HISTORY: Adopted by the Annual Town Meeting of the Town of Wolfeboro 3-8-1960 by Art. 17. Amendments noted where applicable.]
GENERAL REFERENCES
Building codes — See Ch. 21, Art. I.
The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning appears from the context:
DWELLING
Any building, structure, trailer, mobile home or camp or part thereof used and occupied for human habitation or intended to be so used and includes any appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Town Meeting.
MUNICIPALITY
The Town of Wolfeboro.
PUBLIC AGENCY
A board designated by this chapter to exercise the powers and perform the duties conferred upon it by this chapter.
The purpose of this chapter is to cause the repair, closing or demolition or removal of dwellings which are unfit for human habitation due to dilapidation, dangerous defects which are likely to result from fire, accidents or other calamities, unhealthful lack of ventilation or sanitary facilities or due to other unhealthful or hazardous or dilapidated conditions as set forth in this chapter.
A. 
The public agency shall consist of three members who shall be the head of the Municipal Health Department, the head of the Municipal Fire Department and the Chairman of the Building and Zoning Commission.
B. 
Whenever a petition is filed with the public agency by at least 10 residents of the municipality charging that any dwelling is unfit for human habitation, or whenever it appears to the public agency by inspection that any dwelling is unfit for human habitation, it shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such dwelling, including persons in possession, a complaint stating the charges in that respect. If the person to be served resides outside the state, service may be made upon him by registered mail, and if there are any unascertained persons having an interest in said dwelling, notice may be given them by publication in a newspaper having general circulation in the municipality; such publication to be at least 10 days before the date set for the hearing. Such complaint shall contain a notice that a hearing will be held before the public agency at a place therein fixed not less than 10 days nor more than 30 days after the serving of said complaint; that the owner, mortgagee 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 in courts of law or equity shall not be controlling in hearings before such public agency.
C. 
If, after such notice and hearing, the public agency determines according to the standards of the chapter that the dwelling under consideration is unfit for human habitation, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which, if the repair, alteration or improvement of the said dwelling can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the times 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 if the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to remove or demolish such dwelling.
D. 
If an owner is aggrieved by an order of the public agency made pursuant to Subsection C hereof, he may appeal to the Board of Selectmen. Said Board of Selectmen shall hold a public hearing upon said appeal, due notice of said hearing first been given to the public agency and to the owner. The Selectmen may affirm or revoke the order of the public agency, or they may modify the same in accordance with their findings. If they shall affirm or modify such order, the public agency shall proceed to enforce said order, as affirmed or so modified, in the manner prescribed in § 78-4. If the Selectmen shall revoke said order, the proceedings shall be terminated.
If the owner fails to comply with an order, made pursuant to the provisions of § 78-3 hereof, to repair, alter, improve or to vacate and close the dwelling, or to remove or demolish the dwelling; the public agency may file a petition in the Superior Court in which it shall set forth the charges issued pursuant to § 78-3B, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation. The Court shall thereupon direct notice to be given all parties having an interest in said dwelling, notice may be given them by publication of the petition in a newspaper having general circulation in the municipality, such publication to be at least 10 days before the date set for the hearing. The Court shall set a date for hearing such charges and additional allegations, such date to be not later than 15 days after the filing of said petition. Upon hearing, the matter shall be treated as fitness of the dwelling for human habitation as may be relevant.
Whenever the public agency shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the Superior Court, the amount of such costs shall be a lien against the real property as to which such cost was incurred, and such lien, including as part thereof upon allowance of his costs and necessary attorney's fees, may be foreclosed upon order of the Superior Court made pursuant to a petition for that purpose filed in said Court. Such lien shall be subordinate to mortgages of record before the institution of proceedings under this chapter. Notice of said lien shall be filed with register of deeds for the county in which the real estate is situated and shall be recorded by him. If the dwelling is demolished by the public agency, he shall sell the materials of such dwelling and pay the proceeds of such sale over to the Superior Court for distribution to such persons as the Court shall find entitled thereto.
The public agency may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are unusually, abnormally or unreasonably dangerous or injurious to the health or safety of the occupants of such, the occupants of neighboring dwellings or other residents of such municipality. Such conditions may include the following: defects which increase beyond the normal hazards of fire, accident or other calamities; lack of reasonable adequate ventilation, light or sanitary facilities; dilapidation; disrepair; dangerous structural defects; uncleanliness; overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of other health, fire or safety regulations.
The municipality authorizes the public agency and its delegated officers to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
A. 
To investigate the dwelling conditions in municipality in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.
D. 
To appoint and fix the duties of such officers, agents and employees as deemed necessary to carry out the purposes of this chapter.
E. 
To delegate any of its functions under such chapter to such officers as it may designate.
This chapter is drawn in accordance with Chapter 48-A, Housing Standards, of the Laws of the State of New Hampshire January session of 1959, Chapter 293.