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.
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.
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.
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.
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:
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is withdrawn.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.
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.