The designation of dwellings, dwelling units, rooming units, hotels and motels as unfit for human habitation and the procedure for the condemnation, placarding and demolition of such unfit dwellings, dwelling units, rooming units, hotels and motels shall be carried out in compliance with the following requirements:
A. Any dwelling, dwelling unit, rooming unit, hotel or motel which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the housing inspector or the building inspector:
1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested, that it creates a serious hazard to the health and safety of the occupants or of the public.
2. One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public or where such facilities or protection are not in working condition.
3. One which because of its general condition or location is unsanitary, unsafe or otherwise hazardous to the health or safety of the occupants or of the public.
B. Any dwelling, dwelling unit, rooming unit, hotel or motel condemned as unfit for human habitation and so designated and placarded by the housing inspector or the building inspector shall be vacated within a reasonable time, not to exceed sixty (60) days, as ordered by the housing inspector or the building inspector.
C. No dwelling, dwelling unit, rooming unit, hotel or motel, which has been condemned and placarded as unfit for human habitation, shall again be used for human habitation, until written approval is secured from, and the placard is removed by the housing inspector or the building inspector. The housing inspector or the building inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated.
D. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming unit, hotel or motel, which has been condemned as unfit for human habitation and placarded as such except as provided in subsection C of this section.
E. Any person affected by any notice or order, relating to the condemnation and placarding of a dwelling, dwelling unit, rooming unit, duplex, hotel or motel, as unfit for human habitation, may request and shall be granted a hearing before the building board of appeals.
F. Where a dwelling, dwelling unit, rooming unit, hotel or motel is condemned and placarded as unfit for human habitation, and is not vacated within the time specified in such vacation order, the housing inspector or the building inspector shall seek a court order in a court of competent jurisdiction, for the vacation of such dwelling, dwelling unit, rooming unit, hotel or motel.
G. A dwelling, dwelling unit, rooming unit, hotel or motel which is subject to condemnation and placarding as unfit for human habitation may be ordered demolished by the housing inspector or the building inspector if it is determined by the housing inspector or the building inspector that such defects upon which the condemnation order is based cannot be economically remedied. Demolition according to requirements listed below may be required of the owner within a reasonable period of time, said period of time to be not less than thirty (30) days after notice is served on said owner. Such demolition shall have the effect of fulfilling the requirements of removing defects if the dwelling structure is razed to ground level and any subsurface area is filled with solid material to ground level.
H. A dwelling, dwelling unit, rooming unit, hotel or motel which has been condemned as unfit for human habitation and ordered demolished and which has not been demolished by the owner within the time specified in such demolition order, may be demolished at the expense of the owner.
I. After order of demolition is entered in the circuit court, the corporate authorities shall then proceed to demolish said building or dwelling, dwelling unit, hotel or motel, as follows:
1. At least two (2) bids shall be secured upon the cost of demolition of said building, dwelling, dwelling unit, rooming unit, hotel or motel, and a contract shall be awarded to the lowest bidder.
2. The payment of said contract shall be from the general fund.
3. The cost of demolition of said building shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes, provided that within sixty (60) days after said cost and expense is incurred, the municipality or person performing the service by authority of the municipality shall file notice of the lien in the office of the recorder of deeds said notice to consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money, cost or expense payable for said demolition, the date or dates when said cost or expense was incurred by said municipality.
4. Upon the payment of said cost or expense by the owner or owners interested in said property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanic's liens. Suit to foreclose the lien shall be made within three (3) years after the date of filing of notice of the lien. (Ord. 243, 6-10-2003)