[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wolfeboro 3-8-1960 by Art. 17. Amendments noted where applicable.]
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:
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.
The Town Meeting.
The Town of Wolfeboro.
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.
