If an owner is aggrieved by an order of the Housing Standards
Board made pursuant to the above, he may appeal to the City Council.
Said City Council shall hold a public hearing upon said appeal, due
notice of said hearing having first been given to the Housing Standards
Board and to the owner. The City Council may affirm or revoke the
order of the Housing Standards Board, or it may modify the same in
accordance with its findings. If it shall affirm or modify such order,
the Housing Standards Board shall proceed to enforce said order as
affirmed or modified, in the manner prescribed. If the City Council
shall revoke such order, the proceedings shall be terminated.
If the owner fails to comply with an order made pursuant to the provisions of Article
VI hereof to repair, alter, improve or vacate and close the dwelling, the Housing Standards Board may file a petition in the Superior Court in accordance with RSA 48-A, in which it shall set forth the charges issued pursuant to §
93-23, 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, including mortgagees and persons in possession thereof. Such notice shall be given, where practicable, by personal service, except that, 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 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 de novo, and the Court shall hear such pertinent evidence concerning the fitness of the dwelling for human habitation as may be relevant.
The Court shall, as soon as practicable, issue its order upon
said petition, and if the Court finds the dwelling complained against
is unfit for human habitation, such order shall direct the Housing
Standards Board to repair, alter or improve such dwelling to render
it fit for human habitation if such repair, alteration or improvement
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 or, if the repair,
alteration or improvement 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, to remove or demolish such dwelling. If the Court shall
find in favor of the owner, it shall award to him reasonable costs
and expenses, including counsel fees, all as determined by the Court,
incurred by him in his defense of the action in the Superior Court.
Whenever the Housing Standards Board shall incur cost for the
repair, alteration, improvement, vacation 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
on 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 made before the institution of
proceedings under this chapter. Notice of said lien shall be filed
with the 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 Housing Standards Board, it shall sell the material of such
dwelling and pay the proceeds of such sale to the Superior Court,
for distribution to such persons as the Court shall find entitled
thereto.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Pursuant to the authority specified in RSA 48-A:12, any dwelling,
building or structure within an historical district that is established
under RSA 674:46 or within such other classes of dwellings, buildings
or structures as the governing body shall deem to have special significance
to the public interest and is so expressly defined by ordinance, code
or bylaw may be approved by the governing body as a special exception,
after public hearing, and the provisions of the Housing Code may be
waived in their application to such dwelling, building or structure
in whole or in part or otherwise so modified as the City Council may
determine.