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(a) Unlawful Acts. It shall be unlawful for any owner to maintain, or allow to be maintained, any building, dwelling, structure or premises in conflict with, or in violation of, any of the provisions of this code. It shall be unlawful for any person to violate any provision of this code.
(b) Notice of Violation. The Code Official shall serve a notice of violation order in accordance with Section 1466.07.
(c) Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 1466.07 shall be deemed guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(d) Violation Penalties. Whoever violates this code is guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days or both, and the violation shall be deemed a strict liability offense. An offense shall be committed each day during or on which a violation occurs and continues.
(e) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(f) Informal Resolution of Violation. The Code Official may, at his or her discretion, attempt to informally resolve violations or suspected violations of this code without issuing the notices and orders in the manner prescribed in the manner prescribed below. The Code Official shall be encouraged to utilize this procedure to the extent practical to achieve compliance with the code. (Ord. 31-07. Passed 10-23-07.)
(a) Notice to Person Responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in divisions (b) and (c) of this section to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 1466.08(c).
(b) Form. Such notice prescribed in division (a) of this section shall be in accordance with all the following:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation or violations and why the notice is being issued;
(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;
(5) Inform the property owner of the right to appeal to the Property Maintenance Review Board. If the property owner desires such an appeal, a notice of appeal must be filed with the Clerk of Council within five days of receipt of notice prescribed in division (a) of this section;
(6) When applicable, include a statement of right to file a lien in accordance with Section 1466.06(c).
(c) Method of Service. Such notice shall be deemed to be properly served if a copy therefor is:
(1) Delivered personally;
(2) Sent by certified or first class mail addressed to last known address;
(3) A copy therefor shall be posted in a conspicuous place in or about the structure affected by such notice; or
(4) Publication of the notice in a newspaper of general circulation in the Municipality.
(d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 1466.06(d).
(e) Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a notice and order or upon whom a notice and order has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the notice and order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice and order issued by the Code Official, and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice and order and fully accepting the responsibility without condition for making the corrections or repairs required by such notice and order.
(Ord. 31-07. Passed 10-23-07.)
(Ord. 31-07. Passed 10-23-07.)
(a) General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(1) Unsafe structures. An unsafe building, dwelling, structure, premises or equipment 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 because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(2) Unsafe equipment. “Unsafe equipment” includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) Structure unfit for human occupancy. A building, dwelling, structure or premises is unfit for human occupancy whenever the Code 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, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
(b) Closing of Vacant Structures. If a building, dwelling or structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code 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 Code 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 resource.
(c) Notice. Whenever the Code Official has condemned a structure or equipment 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 or equipment in accordance with Section 1466.07(c). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 1466.07(b).
(d) (1) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(2) Placard removal. The Code 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 Code Official shall be subject to the penalties provided by this code.
(e) Prohibited Occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who occupies a placarded premises or operates placarded equipment, or any owner who shall let anyone occupy a placarded premises or operate placarded equipment, shall be guilty of a minor misdemeanor and the violation shall be deemed a strict liability offense. The penalty shall be one hundred fifty dollars ($150.00) per violation, and each day the violation continues shall be considered a separate offense. The imposition of the penalties herein prescribed shall not preclude the Director of Law from instituting any other appropriate action, whether in law or in equity.
(Ord. 31-07. Passed 10-23-07.)
(a) Imminent Danger. Imminent danger exists when, in the opinion of the Code Official: there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to those in the proximity of any structure or premises. Potentially dangerous conditions include explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, open pits, wells, shafts, or other dangerous excavations unprotected or inadequately protected. The Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted a notice reading as follows: "This Structure/Premises Is Unsafe and its Occupancy/Use Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter upon this property except for the purpose of securing the property, making the required repairs, removing the hazardous condition or of demolishing the same.
(b) Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings and/or the fencing of premises, to render such structure or premises temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
(c) Closing Streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(d) Emergency Repairs. For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(e) Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(f) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Property Maintenance Review Board, be afforded a hearing as described in this code.
(Ord. 31-07. Passed 10-23-07.)
(a) General. The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment 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.
(c) Failure to Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code 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.
(d) Salvage Materials. When any structure has been ordered demolished and removed, the Municipality 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, to the owner of the premises, subject to any order of a court of competent jurisdiction. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. 31-07. Passed 10-23-07.)
(a) Application for Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Zoning Appeals, provided that a written application for appeal is filed with the Clerk of Council within five business days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(b) Board of Zoning Appeals.
(1) Establishment. The Board of Zoning Appeals (BZA) shall have all powers as are conferred by Carlisle Council to execute the purpose declared in this code. The Board membership and conduction of meetings shall be in compliance with Section 1244.07
(2) Conflict of interest. No member of the BZA shall vote or participate in the discussion of any question before the BZA in which he or she has a personal or pecuniary interest.
(3) Additional rules of procedures. The BZA shall adopt additional rules of procedures, as it deems necessary to conduct business and review of this code.
(4) Review of suspected violations of environment requirements. The BZA may, at the request of the Code Official, review any suspected vioaltions of this code referred to it by said Code Official and submit a written recommendation to the Code Official
(5) Additional powers. The BZA shall have all additional powers granted by the Council to conduct business and review of this Code.
(c) Review of Appeal.
(1) Hearings. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the BZA, provided that such person shall file in the Clerk of Council an appeal on forms provided by the municipality. The appeal shall be filed within five days after the day the decision, notice or order was served. Upon receipt of such a petition, the BZA shall set a time and place for a hearing before the BZA and shall give the petitioner written notice thereof by first class mail, postmarked at least five days prior to such hearing. The hearing shall be held no less than ten days and no more than thirty days from the date the petition was filed and deemed by the Code Official to be complete. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his or her case at such hearing shall have the same effect as if no petition were filed.
(d) Findings. Prior to sustaining any violation notice and compliance order, the BZA shall make the following findings:
(1) The violator was served with a notice of violation as provided for in Section 1466.07.
(2) The notice of violation that was served stated the specific nature of the violation, corrective action needed to be taken to abate the violation and a specific time period for abatement of the violation.
(3) Within the time stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation and/or by not bringing the use into compliance with this code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of this code and/or conditions imposed by the Appeals Board as a prerequisite to the modification of a previous compliance order.
(e) Authority of Appeals Board. Within thirty days of the public hearing, the BZA shall render a decision sustaining, modifying or withdrawing any item appearing on the notice and order. The petitioner shall be notified in writing of such action.
(Ord. 31-07. Passed 10-23-07; Ord. 21-21. Passed 9-14-21.)
DEFINITIONS
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
(a) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
(b) Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
(c) Terms Not Defined. Where terms are not defined through the methods authorized by this subchapter, such terms shall have ordinarily accepted meanings such as the context implies.
(d) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(Ord. 31-07. Passed 10-23-07.)
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