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(1) Whenever the city’s Building Official finds any rental unit or rental unit structure to be:
(a) A hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance;
(b) In disrepair, unsanitary, vermin-infested or rodent-infested;
(c) In violation of the minimum requirements of this chapter, but has not reached the state of complete disrepair as to be subject to condemnation as a dangerous building;
(d) Is occupied by more occupants than permitted under this chapter; or
(e) Erected, altered or occupied contrary to law.
(2) The city’s Ordinance Enforcement Officer may cause it to be posted as unfit for human habitation and order it vacated. It shall be unlawful to again occupy such rental unit or structure until it or its occupation, as the case may be, has been made to conform to the provisions of this chapter.
(B) Order to vacate. Any rental unit or rental structure found to be unfit for human habitation by the city’s Ordinance Enforcement Officer shall be ordered repaired or rehabilitated to correct the conditions rendering the same unfit for human habitation. An order to vacate shall be in writing and include:
(1) The street number or other description of the real estate and rental unit(s) sufficient for identification.
(2) A description of the defects, conditions and/or violations of this chapter.
(3) A directive that the rental unit or rental structure when vacated must remain vacant until the provisions of the order to vacate have been met, and the order to vacate has been withdrawn in writing.
(4) A reasonable time limit for making the repairs, rehabilitation or correcting violations of this chapter.
(5) State the time period in which occupants must vacate the structure.
(6) State that the order to vacate may be appealed to the Board of Appeals in accordance with the provisions of this chapter and the procedure and rules promulgated by the Board of Appeals.
(C) Posting of notice. Any rental unit or structure declared unfit for human habitation shall be posted in a conspicuous place or places with a placard bearing the words: “CONDEMNED AS UNFIT FOR HUMAN HABITATION”.
(D) Service of notices or orders. A person shall be deemed to be served with a violation notice, final notice to repair or any other official notice or order of the city’s Ordinance Enforcement Officer if a copy is served upon him or her personally; or if a copy is sent by regular mail to his or her last known address, and a copy is posted in a conspicuous place in or on the rental unit or structure containing the rental unit affected by such notice or order; or if he or she is served with a copy by any other method authorized by the laws of this State. The time of performance shall commence on the date of personal service or the date of posting or mailing, whichever is later.
(1) Emergency orders. If the city’s Ordinance Enforcement Officer determines that a condition exists or is likely to exist which is an emergency, the city’s Ordinance Enforcement Officer shall immediately attempt to verbally notify the owner or owner’s agent, and all occupants of the rental unit(s) of the nature of the emergency and verbally order the responsible party to immediately correct the condition(s) causing the emergency. The city’s Ordinance Enforcement Officer shall prepare and serve a violation notice on the responsible party as soon as practicable after the verbal order has been given or attempted. Failure to comply with an emergency order is a violation of this chapter.
(2) Abatement of emergency. If the responsible party cannot be contracted by the city’s Ordinance Enforcement Officer or if following a verbal order to correct an emergency condition, a responsible party fails to correct an emergency condition within the time allotted; the city’s Ordinance Enforcement Officer may take all necessary and appropriate action to abate an emergency condition upon prior written approval of the City Manager.
(Ord. 206, passed 7-9-2018; Ord. 207, passed 8-13-2018)