§ 40-58-18 — Ordinances relating to repair, closing, and demolition of dwellings unfit for human habitation

human habitation.
1. If a municipality finds that there exist in the municipality dwellings which are unfit for
human habitation due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitary facilities, or due to other
conditions, including those set forth in subsection 3, rendering those dwellings unsafe
or unsanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise
inimical to the welfare of the residents of the municipality, the municipality may require
or cause the repair, closing, or demolition or removal of those dwellings in the manner
provided by this section.
2. Upon the adoption of an ordinance finding that dwelling conditions of the character
described in subsection 1 exist within a municipality, the governing body of the
municipality may adopt ordinances relating to the dwellings within the municipality. The
ordinances must include the following provisions:
a. That a public officer be designated or appointed to exercise the powers
prescribed by the ordinances.
b. If a petition is filed with the public officer or by at least five residents of the
municipality charging that any dwelling is unfit for human habitation or whenever
it appears to the public officer on the public officer's own motion that any dwelling
is unfit for human habitation, the public officer shall, if the public officer's
preliminary investigation discloses a basis for those charges, issue and cause to
be served upon the owner, every mortgagee of record and all parties in interest in
the dwelling, including persons in possession, a complaint stating the charges in

that respect. The complaint must contain a notice that a hearing will be held
before the public officer or the public officer's designated agent at a place
designated in the complaint not less than ten days nor more than thirty days after
the serving of the complaint; that the owner, mortgagee, and parties in interest
must 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 designated in the
complaint; and that the rules of evidence are not controlling in hearings before the
public officer.
c. If, after the notice and hearing, the public officer determines that the dwelling
under consideration is unfit for human habitation, the public officer shall state in
writing the findings of fact in support of the determination and shall issue and
cause to be served upon the owner of the dwelling an order which:
(1) If the repair, alteration, or improvement of the dwelling can be made at a
reasonable cost in relation to the value of the dwelling, the ordinance of the
municipality shall fix a certain percentage of the cost as being reasonable
for that purpose, requires the owner, within the time specified in the order, to
repair, alter, or improve the dwelling to render it fit for human habitation or to
vacate and close the dwelling as a human habitation; or
(2) If the repair, alteration, or improvement of the dwelling cannot be made at a
reasonable cost in relation to the value of the dwelling, the ordinance of the
municipality shall fix a certain percentage of the cost as being reasonable
for that purpose, requires the owner, within the time specified in the order, to
remove or demolish the dwelling.
d. If the owner fails to comply with an order to repair, alter, or improve or to vacate
and close the dwelling, the public officer may cause the dwelling to be repaired,
altered, or improved, or to be vacated and closed.
e. If the owner fails to comply with an order to remove or demolish the dwelling, the
public officer may cause the dwelling to be removed or demolished.
f. The amount of the cost of any repairs, alterations, or improvements, or vacating
and closing, or removal or demolition by the public officer constitutes a lien
against the real property upon which the cost was incurred and the lien, including
an allowance of the public officer's costs and necessary attorney's fees, may be
foreclosed in judicial proceedings in the manner provided by law for loans
secured by liens on real property. If the dwelling is removed or demolished by the
public officer, the public officer shall sell the materials of the dwelling and credit
the proceeds of the sale against the cost of the removal or demolition. Any
balance remaining must be paid to the parties entitled to it as determined by
proper judicial proceedings instituted by the public officer after deducting the
costs of the judicial proceedings, including necessary attorney's fees incurred in
those proceedings by the public officer, as determined by the court.
3. An ordinance adopted by a municipality pursuant to this section must provide that the
public officer may determine that a dwelling is unfit for human habitation if the public
officer finds that conditions exist in the dwelling which are dangerous or injurious to the
health, safety, or morals of the occupants of the dwelling, the occupants of neighboring
dwellings, or other residents of the municipality, or which have a blighting influence on
properties in the area. Those conditions may include defects in the dwelling increasing
the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or
sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness;
overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of
health, fire, building, or zoning regulations, or any other laws or regulations relating to
the use of land and the use and occupancy of building and improvements. The
ordinance may provide additional standards to guide the public officer or the public
officer's agents or employees in determining the fitness of a dwelling for human
habitation.
4. Complaints or orders issued by a public officer pursuant to an ordinance adopted
under this section must be served upon persons either personally or by registered or

certified mail, but if the location of those persons is unknown and cannot be
ascertained by the public officer in the exercise of reasonable diligence, and the public
officer shall make an affidavit to that effect, then the serving of the complaint or order
upon those persons may be made by publishing the complaint or order once each
week for two consecutive weeks in a newspaper printed and published in the
municipality, or, in the absence of such newspaper, in one printed and published in the
county and circulating in the municipality in which the dwellings are located. A copy of
the complaint or order must be posted in a conspicuous place on the premises
affected by the complaint or order. A copy of the complaint or order must also be filed
with the clerk of the county in which the dwelling is located and the filing of the
complaint or order has the same force and effect as other lis pendens notices provided
by law.
5. Any person affected by an order issued by the public officer may petition the district
court, in accordance with the procedure provided in section 28-34-01, for an injunction
restraining the public officer from carrying out the provisions of the order, and the court
may, upon that petition, issue a temporary injunction restraining the public officer
pending the final disposition of the cause. Hearings must be held by the court on the
petitions within twenty days, or as soon thereafter as possible, and must be given
preference over other matters on the court's calendar. The court shall hear and
determine the issues raised and enter a final order or decree in the proceeding. In the
proceeding, the findings of the public officer as to facts, if supported by evidence, are
conclusive. The court may assess costs. The remedies provided under this section are
exclusive remedies and a person affected by an order of the public officer may not
recover any damages for action taken pursuant to any order of the public officer, or
because of compliance by that person with any order of the public officer.
6. An ordinance adopted by the governing body of the municipality may authorize the
public officer to exercise those 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 other authority granted under this section:
a. To investigate the dwelling conditions in the municipality in order to determine
which dwellings are unfit for human habitation;
b. To administer oaths and affirmations, examine witnesses, and receive evidence;
c. To enter any premises for the purpose of making examinations, provided that
entry must be made in a manner that causes 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 the
public officer deems necessary to carry out the purposes of the ordinance; and
e. To delegate any of the public officer's functions and powers under the ordinance
to such officers, agents, and employees as the public officer may designate.
7. The governing body of any municipality adopting an ordinance under this section shall
as soon as possible prepare an estimate of the annual expenses or costs to provide
the equipment, personnel, and supplies necessary for periodic examinations and
investigations of the dwellings in the municipality for the purpose of determining the
fitness of the dwellings for human habitation, and for the enforcement and
administration of its ordinance or ordinances adopted under this section.
8. This section may not be construed to abrogate or impair the powers of the courts or of
any department of any municipality to enforce any provisions of its charter or its
ordinances or regulations, nor to prevent or punish violations thereof; and the powers
conferred by this section are in addition and supplemental to the powers conferred by
any other law.
9. This section may not be construed to impair or limit in any way the power of the
municipality to define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise.
10. The governing body of a city may adopt ordinances prescribing minimum standards for
the use and occupancy of dwellings throughout the city and to prevent the use or

occupancy of any dwelling which is injurious to the public health, safety, morals, or
welfare.