(A) If, after notice and hearing, the Housing Inspector determines that the dwelling under consideration is unfit for human habitation in accordance with the standards set forth in §§ 153.25 through 153.33 of this chapter, he or she shall state in writing his or her findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order:
(1) If the repair, alteration or improvement of the dwelling can be made at a cost of less than 50% of the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter or improve the dwelling in order to render it fit for human habitation or to vacate and close the dwelling as a human habitation, based upon the Housing Inspector’s standards for closing dwellings; or
(2) If the repair, alteration or improvement of the dwelling cannot be made at a cost of less than 50% of the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter or improve the dwelling in order to render it fit for human habitation or to remove or demolish such dwelling.
(B) If, after notice and hearing, the Housing Inspector determines that the dwelling under consideration is not unfit for human habitation, but is not in full compliance with one or more standards of dwelling fitness as set forth above, he or she may proceed with the enforcement procedures of § 10.99 of this code of ordinances.
(C) Whenever a determination is made pursuant to divisions (A)(1) or (A)(2) above that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this chapter, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease or purchase the property for the purpose of providing affordable housing. The Inspector shall certify the mailing of the notices, and the certifications shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the Inspector to wait 45 days before causing removal or demolition.
(Ord. 05-6, passed 4-12-2005)