City of Dover, NH Article VI Enforcement

§ 93-22 Causes of action.

Whenever a petition is filed with the Housing Standards Board by at least 10 residents of the municipality charging that any dwelling is unfit for habitation or whenever it appears to the Housing Standards Board by inspection that any dwelling is unfit for human habitation and when preliminary investigation discloses a basis for such charges, the Housing Standards Board shall take the following action.

§ 93-23 Service of notice.

The Housing Standards Board will 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 to 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.

§ 93-24 Contents of notice.

Such complaint shall contain a notice that a hearing will be held before the Housing Standards Board at a place therein fixed not less than 10 days nor more than 30 days after the serving of such complaint, that the owners, mortgagees 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 the Housing Standards Board.

§ 93-25 Decisions of Board.

If, after such notice and hearing, the Housing Standards Board determines according to the standards of this 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.

§ 93-26 Posting of notice.

Any structure declared as unfit for human occupancy shall be posted with a placard by the Housing Standards Board. The placard shall include the following:

A. The name of the City.

B. The name of the authorized department having jurisdiction.

C. The chapter and section of the code under which it is issued.

D. An order that the structure when vacated must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn.

E. The date that the placard is posted.

F. A statement of the penalty for defacing or removing the placard.

§ 93-27 Basis for Board decisions.

If the repair, alteration or improvement of 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, then the order shall require 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 vacant and close the dwelling as a human habitation or, if the repair, alteration and improvement of said dwelling cannot be made at a reasonable cost, require the owner, within the time specified in the order, to remove or demolish such dwelling.