In the event that an owner of a dwelling or
structure fails to comply with an order to repair, alter or improve,
nor has such dwelling or structure been demolished and removed, the
Housing Inspector may, in addition to any other penalty recoverable
by law, enter upon the premises without the consent of the owner or
occupant and cause the dwelling or structure to be repaired, altered
or improved, or to be vacated and closed, or demolished and removed,
in accordance with whichever of the following procedures (s)he deems
to be most appropriate to the situation:
A.
With the approval of the Director of the Department
of Housing and Economic Development and City Council, advertise and
receive bids, and expend municipal funds for such repairs, alterations
and improvements as may be necessary to bring the premises in violation
into compliance with the requirements of this chapter. The amount
of the cost of repairs, alterations and improvements, together with
advertising charges, shall be a municipal lien against the real property
upon which the cost was incurred. [1]
B.
With the approval of the Director of the Department
of Housing and Economic Development and City Council, bring an action
in the Superior Court to be appointed receiver ex officio of the rents
and income of such real property for the purpose of collecting the
rents and income from the property and expend the same for the purpose
of its repair, alteration or improvement.
(1)
The rents and income so collected by the Housing Inspector
as receiver shall also be available for payment of such costs and
expenses of the receivership as may be adjudged by the court, and
for the payment to the City of any fines or penalties which may have
been imposed on the owner for violations of this chapter, and which
have not been paid by the person liable therefor. The court may proceed
in the action in a summary manner or otherwise. The Housing Inspector
acting as receiver shall not be required to give bond and shall be
appointed only for the said purposes.
(2)
The Housing Inspector, upon his/her appointment as
receiver, in all cases where the real property in question is encumbered
by a first mortgage, shall appoint such first mortgagee, if the mortgagee
is a proper person and is willing to accept the appointment, as the
receiver's agent to collect the rents and income from the real property
and manage the same. In all other cases the receiver, by and with
the approval of the Director of the Department of Housing and Economic
Development and City Council, may designate the person in charge or
management of such real property or some other competent person as
the receiver's agent to collect the rents and income from the real
property and manage the same for a fee approved by City Council. The
agent, whether mortgagee or other person, shall account promptly to
the receiver for the rents and income so collected. If the mortgagee
or other person so designated as agent is derelict in collecting or
accounting for such rents and income or in the management of such
real property, the receiver shall apply to the court for the removal
of such designated mortgagee or other persons. Upon notice in writing
to him, the court upon removing the designated mortgagee, or other
person, in its discretion, may designate another person to collect
the rents and income from such real property and manage the same and
account to the receiver for the rents and income of such real property
as aforesaid.
(3)
Except as otherwise provided herein, the procedure
in respect to any such receivership shall be as in the case of receiverships
to secure the payment of delinquent taxes, penalties, interest, costs
and expenses wherein the collector of taxes of the City is the receiver.
In any receivership proceeding under this article, the Housing Inspector
shall follow such orders and directions as the court may hold necessary
to effectuate the purposes if this chapter and to conserve the real
property during the pendency of the receivership.
C.
Certify any dwelling, dwelling unit or rooming house
which has been condemned and placarded as unfit for human habitation
and ordered vacated to the Building Inspector of the City for removal
in accordance with the procedure provided for demolition by the Building
Code for dangerous and unsafe buildings.[2] This certification shall include a statement by the Housing
Inspector of the conditions existing on the basis of which property
has been declared unfit for human habitation.
The amount of costs recoverable by the City
under any provisions of this chapter shall be certified by the Housing
Inspector and shall bear interest on the unpaid part of the principal
at the rate of 6% per annum until paid.
