1313.04 CONDEMNATION.
   (a)   Condemnation. When a structure or part thereof is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, it may be condemned pursuant to the provisions of this code and may be placarded and vacated, and a proper affidavit prepared by the Code Enforcement Office, and such action shall be recorded in the County Recorder's Office and cross-referenced to the deed to the property. It shall not be reoccupied without approval of the code official. Unsafe equipment shall be placarded and placed out of service.
   (b)   Vacation of Unsafe Structure. Whenever an occupied structure is declared unsafe or unfit for human habitation, the tenants shall be removed within 48 hours. If the condition is the result of the owner, he or she shall be responsible for providing mutually agreeable accommodation at his or her expense until repairs are made and the Code Officer releases the unit for occupancy. If the condition is the fault of the tenant(s) (e.g., sanitation) neither the owner nor the City will be held responsible for the cost of temporary lodging.
   (c)   Closing of Vacant Structures. If the structure or part thereof is vacant and unfit for human habilitation occupancy or use and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed 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 against such real estate.
   (d)   Re-occupancy of the Building. No structure which has been condemned and placarded as unfit for human habitation or use shall again be used until written approval has been secured from the Safety Service Director. The code official shall then remove the placard whenever the defects resulting in the posting of the placard have been eliminated and shall also file an affidavit with the County Recorder's Office to that effect.
(Ord. 49(98-99). Passed 7-12-99.)