V.I. Code tit. 19, § 2033 (2019)
2019 US Virgin Islands Code|Title 19 - Health|Part VI - Regulatory Provisions Concerning Public Health|Chapter 61 - Repair, Closing and Demolition of Dwellings Unfit for Human Habitation|§ 2033. Procedures

 (a) Whenever a petition is filed with the Commissioner by the Commissioner of Housing and Community Renewal or his designee or by at least 25 residents of a community wherein the dwelling is located charging that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in such dwelling (including persons in possession), a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Commissioner or his designated agent at a place therein fixed not less than ten days nor more than thirty days after serving of said complaint; that the owner, mortgagee and parties in interest shall 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 fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in the hearings. (b) If, after such notice and hearing, the Commissioner determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which— (1) if the repair, alteration or improvement of said dwelling can be made at a reasonable cost in relation to the value of the dwelling, requires the owner, within the time specified in the order, to repair, alter, or improve such 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 said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requires the owner, within the time specified in the order, to remove or demolish such dwelling. (c) Where the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Commissioner may cause such dwelling to be repaired, altered or improved, or to be vacated and closed. (d) Where the owner fails to comply with an order to remove or demolish the dwelling, the Commissioner may cause such dwelling to be removed or demolished at the expense of the Government of the Virgin Islands. Any material salvaged from such removal or demolition shall remain the property of the owner. (e) The amount of the cost of such repairs, alterations or improvements by the Commissioner shall be a lien against the real property upon which such cost was incurred and such lien may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property. (f) The Commissioner may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health, safety or morals of the occupants of such dwellings, the occupants of neighboring dwellings or other residents of the community, or which have a blighting influence on properties in the area. Such conditions may include the following without limitation: defects therein 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 buildings and improvements. (g) Complaints or orders, issued by a Commissioner pursuant to this chapter, shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Commissioner in the exercise of reasonable diligence, and the Commissioner shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the Virgin Islands and circulating in the community in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the office of record where other lis pendens notices provided by law are filed and shall have the same force and effect. (h) Any person affected by an order issued by the Commissioner may petition a court of competent jurisdiction for an injunction restraining the Commissioner from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the Commissioner pending the final disposition of the cause: Provided, however, that within sixty days after the posting and service of the order of the Commissioner, such person shall petition the court. Hearing shall be had by the court on such petition within twenty days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter a final order or decree in the proceeding. In all such proceedings the findings of the Commissioner as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies provided in this subsection shall be exclusive remedies and no person affected by an order of the Commissioner shall be entitled to recover any damages for action taken pursuant to any order of the Commissioner, or because of compliance by such person with any order of the Commissioner.