A. Housing Surveys: The zoning division is hereby authorized to make surveys in any area of the city to determine the general condition of structures used for human habitation, the extent of any deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, the extent of overcrowding and land use, and any other matters relating to the provisions and requirements of this chapter. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015)
B. Inspections; Entry Powers: In order to safeguard the health, safety, and welfare of the public, an officer, employee or agent of the zoning division of the city is hereby authorized to make exterior and interior inspections of dwellings, dwelling units, rooming houses, rooming units, hotels, motels, multiple dwellings and premises, when the same shall appear necessary to determine the condition thereof and the compliance or noncompliance with the provisions of this chapter. Immediate access to and entry to any such dwelling, dwelling unit, rooming house, rooming unit, hotel, motel, multiple dwelling or premises shall be afforded any such officer, employee or agent in the case of an emergency determined by the zoning division to exist. No such access and entry shall be required, however, unless such officer, employee or agent shall first exhibit his identification to any person entitled to the same. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015; amd. 2017 Code)
C. Notice Of Violations:
1. Except as provided in this section, in those instances where the zoning division shall determine that there exists a violation of this chapter or any rule or regulation adopted pursuant thereto, written notice of such violation shall be given the person alleged to have committed the same. In the case of rental dwellings, notice of violation shall be given to the owner or the owner's agent and the occupant of the rental dwelling or unit. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015)
2. Such written notice shall state the alleged violation and a legal description or local address of the structures in violation. It shall state that such violation must be corrected within a reasonable period of time specified by the zoning division based on the nature and severity of the violation, and shall inform the person to whom the notice is directed of the right to apply for a hearing before the zoning board, as hereinafter provided. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015; amd. 2017 Code)
3. Such notice may be personally served on the person to whom addressed or may be sent by first class, registered, or certified mail to the last known address of the addressee. Such service by mail shall be deemed to have been served at the time of the posting thereof. In the event notice by personal service or by mail in the manner aforesaid is not possible, service may be had by posting a placard copy of such notice in a conspicuous place in or about the building, structure or premises in question. Notwithstanding anything to the contrary, notice may be given in any other manner permitted by law in the service of processes in civil cases. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015)
4. Any notice given under the provisions of this section shall operate as and shall become a final order without further action being necessary upon the expiration of fourteen (14) days from and after the effective date of service of such notice unless, within such fourteen (14) day period, a request for an appeal thereon is filed. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015; amd. 2017 Code)
D. Unfit Dwelling Units:
1. Determination Of Unfit Dwelling: In addition to any other rights and powers granted the zoning division under the provisions of this chapter, the zoning division may designate and find unfit for human habitation any dwelling, dwelling unit, rooming house, hotel, motel, rooming unit, multiple dwelling or premises and may so placard the same, in the manner described in subsection C of this section, upon determining that one or more or all of the following conditions exist:
a. The building, structure or premises lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or of the public;
b. The building, structure or premises is damaged, decayed, unsanitary, unsafe or vermin infested in such a manner and to such extent as to create a serious hazard to the health and safety of the occupants or of the public;
c. The building, structure or premises, because of the location thereof, the general conditions existing, the state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to the health and safety that it creates a serious hazard to the health and safety of the occupants or of the public.
2. Notice Of Intent To Vacate: Whenever the zoning division determines that a dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling is unfit for human habitation as provided in subsection D1 of this section, it shall include such findings within the notice of violations provided in subsection C of this section, and it shall also include a statement of its intent to vacate and placard the dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling if compliance with the provisions of the notice of violation has not been secured.
3. Order To Vacate: Whenever there has not been compliance with a notice of violation, as provided under subsection C of this section, or where an appeal has not been requested, the zoning division may order the dwelling to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator or occupant as provided in subsection C of this section.
4. Time To Vacate: Any dwelling or dwelling unit, rooming house, rooming unit, or multiple dwelling designated as unfit for human habitation pursuant to subsection D1 of this section and ordered vacated as provided in subsection D3 of this section shall be vacated within such reasonable time as the zoning division may specify in the order. No such dwelling, dwelling unit, rooming house, or multiple dwelling shall again be used for human habitation and the placard removed until written approval is secured from the zoning division.
5. Removal Of Placard Prohibited: No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling which has been designated as unfit for human habitation, except as provided in subsection D4 of this section.
6. Securing Vacated Dwellings: The owner, agent, or operator of any dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling shall make such dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling safe and secure in whatever manner the zoning division shall deem necessary. Any vacant building, open at the door and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
E. Emergency Abatement: Notwithstanding the notice of violation provisions of subsection C of this section, whenever the zoning division, at any time, shall determine that a violation of this chapter exists and that such violation is of such a nature as to require immediate action to abate a hazard or immediate danger to the health, safety, morals or welfare of the occupants of any building or structure or of the public, the zoning division may, without any notice and without any hearing, issue an order citing the violation and ordering the immediate abatement or removal or correction of such hazard or danger as the zoning division appears necessary and proper. Such order may include, but is not limited to, an order to vacate the building, structure or premises in question. Any order issued under the provisions of this subsection shall be and become effective immediately upon the issuance thereof. The powers granted by this subsection shall be in addition to any and all other rights and powers granted by law.
F. Transfer Of Interest In Certain Property: No person having any interest in any property that is described in any notice of any violation of this chapter or any order issued under this chapter shall sell, transfer, grant, convey, mortgage, lease or otherwise dispose of any such interest in said property so long as any such violation continues to exist, unless such person having the right to sell, transfer, grant, convey, mortgage, lease or otherwise dispose of such interest in said property shall first furnish to the intended purchasee, transferee, grantee, donee, mortgagee, lessee or other intended recipient of such property interest a true and exact copy of such notice in order and concurrently therewith furnish the zoning division with the names and addresses of all such parties.
G. Records: All requests to inspect and/or copy records or documents prepared, maintained as under the control of the city shall be made in accordance with the freedom of information act. (Ord. 01-2014, 6-9-2014, eff. 1-1-2015)