A. 
The Building Official may from time to time adopt such written rules and regulations as are necessary for the proper enforcement of this chapter. Such rules shall not be in conflict with the provisions of this chapter.
B. 
These rules and regulations shall not be effective until they have been approved, with or without additions or amendments, by the Town Council after a public hearing.
C. 
After approval by the Town Council, these rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter.
The Building Official, his agent or the Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Town, in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Building Official, or any of his/her authorized representatives, is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. When making such inspections, he/she shall wear such badge or insignia as the Town Council may direct and shall exhibit such clearly. The owner or occupant of every dwelling or dwelling unit, or the person in charge thereof, shall give the Building Official or his authorized representative free access to such dwelling, dwelling unit or rooming unit and its premises, at all reasonable times, for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Whenever the Building Official or his agent determines that the condition of a dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire or health regulation not part of this chapter, he/she shall refer such violations to the appropriate municipal authority.
Whenever the Building Official or his agent determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person responsible therefor, as hereinafter provided. Such notice shall:
A. 
Be put in writing;
B. 
Include a statement of the reasons why it is being issued;
C. 
Allow a reasonable time for the performance of any act it requires;
D. 
Be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him/her personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he/she is served with such notice by any other method authorized or required under the laws of the state;
E. 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Official, provided that such person shall file in the office of the Building Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Building Official shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Building Official may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgement, the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Building Official, or his agent, shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Official sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 288-62 shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Official within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Building Official, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Official within 10 days after such notice is served.
A. 
The proceedings at hearings held pursuant to § 288-63, including the findings and decision of the Building Official, shall be summarized, reduced to writing and entered as a matter of public record in his office. Such record shall also include a copy of every notice or order issued in connection with the matter.
B. 
All notices and orders of the Building Official under this chapter may be recorded in the same manner as the recording of lis pendens notices.
Whenever the Building Official or his agent finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Building Official, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Building Official shall either continue such order in effect, modify or revoke it.
At the end of the time period specified in the compliance order or any extension thereof, it shall be the duty of the Building Official to make a reinspection of the dwelling, dwelling unit, rooming unit or dwelling premises, and if the order has not been complied with, the Building Official shall institute proper legal action or make such further orders as the case may require.
Whenever a compliance order to repair, alter or secure a dwelling found by the Building Official to be unfit for human habitation and continued occupancy has not been complied with, the Building Official may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of the dwelling. For the purposes of this section, any repair, alteration or securing that is determined by the Building Official to cost 50% or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the Building Official to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.
Whenever a compliance order issued to the provisions of this chapter and providing for the demolition of a dwelling has not been complied with, and the cost of repair has been determined by the Building Official to be more than 50% of the assessed valuation of the dwelling, the Building Official may demolish the dwelling at the expense of the owner. Nothing in this section shall in any way impair powers or duties currently exercised by the Town pursuant to Chapter 1755 of the Public Laws of 1946.
Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the Building Official has taken direct action pursuant to the provisions of § 288-68 or 288-69, the costs incurred by him/her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the Building Official, he/she may sell the materials of such dwelling, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto, and in every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.
When the Building Official shall have determined that any dwelling or dwelling unit or rooming house under the terms of this chapter is in compliance with the standards set forth in this chapter, he/she shall issue a certificate of compliance to the owner of such dwelling, dwelling unit or rooming house, a copy of which shall be a public record on file in the Town hall. Such certificate shall be subject to periodic review.
The Supreme Court and the Superior Court or any Justice of either of such Courts in vacation shall, upon due proceedings instituted in the name of any of the several cities or towns, have power to issue any extraordinary writ or to proceed according to equity, or both, to restrain, prevent, enjoin, abate or correct a violation or to order the repair, vacation or demolition of any dwelling existing in violation of the provisions of any ordinance passed or to otherwise compel compliance with all of the provisions of any ordinance adopted pursuant to the authority of this chapter. When, under the provisions of any ordinance passed pursuant to the authority of this chapter, any work is done or material furnished by any enforcing official or by his order at the expense of the owner or other persons interested, the value of such work and material may be recovered in an action of the case brought against such owner or other interested person or persons, and if any such work or materials shall have been done or furnished at the cost of the city or Town, such enforcing official shall cause such action to be brought in the name of the city or Town. Upon the entry of any case or proceeding brought under the provisions of this chapter, the Court shall, at the request of either party, advance the case so that it may be heard and determined with as little delay as possible.
Any person who shall violate any provision of this chapter, or any provision of any rule or regulation adopted by the Building Official pursuant to authority granted by ordinance, shall, upon conviction, be punished by a fine of not more than $200 or by imprisonment for not more than 30 days, and each day's failure to comply with any such provision shall constitute a separate violation.