(a) Unsafe Structures; General. When a structure is found by the code official to be unsafe, or when a dwelling is found unfit for human occupancy, or if found unlawful, such structure shall be condemned pursuant to the provision of this chapter. This code section does not supersede the authority granted to the Fire Chief as outlined in Chapter 1484.
(1) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
A. Dwelling unfit for human occupancy. A dwelling is unfit for human occupancy whenever the designated official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
B. Unlawful structure or dwelling. An unlawful structure or dwelling is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
(2) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the designated official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the designated official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal source.
(3) Notice. Whenever the designated official has condemned a structure under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure. Notice shall be in the form prescribed in Section 1484.05.
(4) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the designated official shall post on the premises a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises or removing the placard.
(5) Prohibited occupancy. Any person who shall occupy a placarded premises and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this chapter.
(6) Removal of placard. The designated official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the designated official shall be subject to the penalties provided by this chapter.
(b) Demolition; General. The designated official shall order the owner of any premises upon which is located any structure, which in the designated official’s judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(1) Notices and orders. All notices and orders shall comply with the provisions of this chapter.
(2) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the designated official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(3) Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangements aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)