(a) Administration
(1) This chapter shall be administered and enforced by the Executive Director of the Virgin Islands Housing Finance Authority.
(2) The Executive Director, or his authorized representatives, may, for the purpose of performing their official duties imposed by this chapter, upon presentation of proper identification, enter and inspect any building or structure or any part thereof, or any premises used or reported to be used for residential occupancy with the consent of the occupants; but no forcible entry shall be attempted without due process of law.
(3) The Executive Director may of his own volition, or upon receipt of complaints, make such inspections as are necessary to determine compliance with the provisions of this chapter. He shall make a record of every such inspection and of actions taken by the owners or occupants pursuant to notices or orders resulting from the inspections.
(4) Whenever the Executive Director finds instances of noncompliance with the provisions of this chapter, he shall serve a written notice upon the owner or occupants advising of the violation. If no action is taken pursuant to this notice within 90 days, the Executive Director shall order the discontinuance of such violation or the making of such repairs or improvements as will bring the dwelling into conformity with the provisions of this chapter, or to postpone occupancy, or to vacate the premises, or to demolish or remove the dwelling or portion thereof within a reasonable time. If the whereabouts of such owner or owners are unknown, and the same cannot be ascertained by the Executive Director by the exercise of reasonable diligence, then the serving of such order may be made by publishing the same once each week for three consecutive weeks in two newspapers printed and published in the judicial district of the Virgin Islands wherein such property is located. A copy of such order shall be posted in a conspicuous place on the premises affected by the order.
(5) In case a notice and order are not complied with in the time stated on the notice and order, and no appeal of the order is pending, the Executive Director shall notify the Attorney General of such noncompliance. The Attorney General, upon receipt of such notification, shall institute an appropriate action or proceeding at law or in equity to restrain, correct, or remove such violation, or to require the removal of, or to prevent the further use and occupancy of the premises in question.
(b) Penalties
(1) Any person who shall violate a provision of this chapter or fail to comply therewith or with any of the requirements thereof and shall have been served written notice of the complaint and having received an order has failed within the stated time to comply with the order and does not have an appeal pending shall, upon conviction, be liable to a fine of not more than fifty dollars ($50.00). Each day of wilful violation after conviction shall constitute a separate offense and shall be punishable by a similar penalty.
(2) Any owner, agent or person who has been notified by the Board of Land Use Appeals that the order issued by the Executive Director has been sustained or modified by the Board and has not complied with the order within fifteen days of receipt of the notification from the Board shall, upon conviction be fined not more than fifty dollars ($50.00). Each day of wilful violation after conviction shall constitute a separate offense and shall be punishable by a similar penalty.
(3) The imposition of the penalties herein prescribed shall not preclude the institution of an appropriate action or proceeding to correct or abate a violation, or to prevent the occupancy or use of the premises in question.
(c) Appeals
(1) The owner, agent, operator or tenant shall have the right to appeal from the order of the Executive Director whenever it is claimed that the true intent and meaning of this chapter have been misconstrued or that its provisions have been wrongly interpreted or that this chapter does not apply, or that compliance would involve considerable hardship.
(2) Appeals shall be made to the Board of Land Use Appeals within forty-five (45) days after issuance of an order by the Executive Director. Filing of such appeal shall automatically stay the execution of any order of the Executive Director until the issuance of a final decision by the Board.
(3) Within thirty (30) days after the receipt of the appeal, the Board shall hold a public hearing on such appeal. Notice of the public hearing shall be given to the Executive Director and other interested parties at least fifteen (15) days in advance of the hearing. The notice of the public hearing shall also be posted on the property in question and at the District Court for at least fifteen (15) days before the hearing. At such hearing any interested party may appear and be heard.
(4) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, or decision appealed from, and may grant variances in the application of any of the provisions of this chapter to any particular case when, in its opinion, the strict enforcement thereof would do manifest injustice or impose a hardship, or would be contrary to the spirit and purpose of this chapter, or to the public interest.
(5) When the Board reaches a decision granting a variance from the application of any of the provisions of this chapter or modifying an order of the Executive Director, the Board shall express in the corresponding resolution in what manner such variation or modification is to be made, the conditions on which the decision was made, and the reasons therefor. Copies of the resolution shall be delivered to the Executive Director and to the parties making the appeal.
(6) Action by the Board of Appeals shall be taken within forty-five (45) calendar days of the receipt of such appeals. In the event no action is taken by the Board of Appeals within forty-five (45) days of receipt of such appeals, the order of the Executive Director shall be null and void.
(7) The decisions of the Board of Land Use Appeals shall be subject to review by the District Court of the Virgin Islands provided an appeal is filed within thirty (30) days of the receipt of the decision from the Board.