§ 2733. Orders to repair, rehabilitate, or remove structure

(a) Whenever the Commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the Commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilitated within a reasonable time as specified by the Commissioner in his or her order, the Commissioner may order the premises or part of them closed, if by doing so the public safety will not be imperiled; otherwise he or she shall order demolition and removal of the structure, or fencing of the premises. Whenever a violation of the rules is deemed to be imminently hazardous to persons or property, the Commissioner shall order the violation corrected immediately. If the violation is not corrected, the Commissioner may then order the premises or part of them immediately closed and to remain closed until the violation is corrected.

(b) Whenever a structure, by reason of age, neglect, want of repair, action of the elements, destruction, either partial or total by fire or other casualty or other cause, is so dilapidated, ruinous, decayed, filthy, unstable, or dangerous as to constitute a material menace or damage in any way to adjacent property, or to the public, and has so remained for a period of not less than one week, the Commissioner may order such structure demolished and removed.

(c) Orders issued under this section shall be served by certified mail with return receipt requested or, in the discretion of the Commissioner, shall be served in the same manner as summonses are served under the Vermont Rules of Civil Procedure promulgated by the Supreme Court, to all persons who have a recorded interest in the property recorded in the place where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)