[Adopted 1-9-2007 by Ord. No. 06-03]
As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any structure, framework or housing, public or private, including single-family dwellings and multiunit dwellings and including tanks, receptacles and containers for the storage of commodities or other materials.
HAZARDOUS CONDITION
Any building, premises, combustible, flammable, chemical liquid or material, electrical wiring and equipment, place or thing which, because of its nature, location, occupancy, condition, or use, constitutes an unreasonable danger of loss, damage or injury to persons or property by fire or explosion of any origin.
OFFICER
Such officer or officers as the Fire Chief shall nominate or designate to execute the powers and perform the duties which the Fire Chief is authorized to delegate under this article.
OWNER
A person with legal title to or a freehold interest in property, including any trustee or a board of trustees of property. A lessee or mortgagee of property is not considered an owner.
PREMISES
Any lot or parcel of land, excluding the buildings upon it, and includes parking lots, tourist camps, trailer camps, airports, race tracks, junkyards, wharves, piers, and other places or enclosures, however owned or occupied.
A. 
The Fire Chief or the Fire Chief's authorized officers, upon complaint or whenever the Fire Chief or such authorized officers shall deem it necessary, may inspect all buildings and premises within their jurisdiction and, if consent for such inspection is denied or unobtainable, may obtain an administrative inspection warrant under RSA 595-B.
B. 
Whenever any of said officers shall find any hazardous condition that such officer deems to be hazardous to life or property, the officer shall, by written order, order the hazardous condition to be removed or remedied. If such order requires a structural change or alteration, it shall be approved by the Fire Chief before it is effective. Such order shall be complied with by the owner of such premises or buildings within the time limit specified in such order; provided, however, that any such owner who is aggrieved by any such order may, within seven days after the service of such order as hereinafter provided, file a petition with the Town of Hudson Board of Selectmen, praying for a review of such order. It shall be the duty of such Board of Selectmen to hear the same at the first convenient day, and to make such order in the premises as right and justice may require.
C. 
Service of orders issued under Subsection B shall be made by the appropriate law enforcement authority if the residence of the owner is within the Town, and by an officer authorized to serve legal process, if without the Town. An attested copy of such order shall also be contemporaneously served upon the tenant or occupant of the property, if any, in like manner. If the owner is not a resident of this Town or state and his residence is unknown, the Fire Chief may institute proceedings in equity in the Superior Court to enforce its order, and service thereof shall be made upon the tenant or occupant of the property, if any, and in such further manner as the court may order. In such case the court shall render such final decree on the Fire Chief's order as justice may require.
A. 
If any owner fails to comply with the lawful order of the Fire Chief or such authorized officers, or with the order as modified on appeal and provided within the time fixed, such owner shall be guilty of a violation. Each day of noncompliance shall constitute a separate offense.
B. 
Any violation of this article shall henceforth be punishable by a civil fine of not more than $1,000 for each day that such violation is found by a court to continue after the conviction date or after the date on which the violator receives written notice from the Town that he/she is in violation of this article, whichever date is earlier.
In any legal action brought by the Town of Hudson, NH to enforce this article by way of injunctive relief or otherwise, the Town may recover its costs and reasonable attorney fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action. For the purposes of this section, recoverable costs shall include all out-of-pocket expenses actually incurred, including but not limited to inspection fees, expert fees and investigatory expenses and legal fees incurred by the Town of Hudson, NH.