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.