(A) Generally. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which shall be found to have any of the following defects, and which shall have been condemned as unfit for human habitation and shall have been so designated and placarded by the Housing Inspector pursuant to this chapter and the requirements of Chapter 155A of this code of ordinances:
(1) One is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health and safety of the occupants or of the public;
(2) One lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public; and
(3) One that, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or the public.
(B) Order to vacate. Any dwelling or dwelling unit or any portion thereof condemned as unfit for human habitation, and so designated and placarded by the Housing Inspector shall be vacated within 30 days as ordered by the Housing Inspector or may be appealed in accordance with division (E) below of this section.
(C) Service by public utilities prohibited.
(1) It is unlawful and a misdemeanor for any public utility, corporation, or company to furnish gas, water, or electrical service to any dwelling, dwelling unit, rooming house, or rooming unit that has been placarded by the Housing Inspector as unsafe for human habitation, except as provided herein.
(2) The Housing Inspector shall notify the public utility company or corporation, in writing or by approved electronic format, of his or her actions in placarding the dwelling, dwelling unit, rooming house, or rooming unit, and shall specify the date at which time the utility service shall be discontinued. The utility service shall not be restored to a placarded dwelling, dwelling unit, rooming house, or rooming unit until notice, in writing, is received from the Housing Inspector authorizing the restoration of such service by the utility company or corporation; provided, that the Housing Inspector may authorize restoration of service to be used in connection with renovation, repair, or remodeling of the dwelling, dwelling unit, rooming house, or rooming unit to comply with the provisions of this title.
(D) Rent collection. Rent shall not be recoverable by the owner or lessee of any dwelling unit that does not comply with the provisions of this chapter for any period of occupancy that commences on or after the date that the city gives notice to the owner and tenant of the provisions of this section. Rent shall not thereupon be recoverable by the owner of the dwelling unit until the city gives written notice to the owner and occupant that the dwelling unit has been issued a valid inspection certificate as required by this chapter.
(E) Conditions for reinhabiting. No dwelling or dwelling unit, or any portion thereof, that has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard is removed by the Housing Inspector. The Housing Inspector shall remove the placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(F) Removal of placard prohibited. No person shall deface or remove the placard from any dwelling or dwelling unit, or any portion thereof, that has been condemned as unfit for human habitation and placarded as such, except as provided in division (E) above.
(G) Appeal. Any person affected by any notice or order relating to the condemnation and placarding of a dwelling or dwelling unit as unfit for human habitation may request, and shall be granted a hearing on the matter before the Housing Board of Appeals as established in the International Residential Co as established in the International Residential Code under the procedure set forth in § 155.18 above.
(H) Demolition or repair of condemned building. When the Housing Inspector determines that the building or structure or portion thereof is unsafe or unfit for human habitation and condemns such pursuant to this section, the Inspector shall notify the Council. The Council may order and direct the owner to demolish or repair the building or structure or portion thereof. In the event that the owner fails to comply with the order, the Council may order the demolition of a building or structure or portion thereof. The Inspector shall then certify the cost of the demolition to the City Council, which cost shall be paid by the city and shall then be assessed against the property by the Council and certified to the County Treasurer for collection as other taxes, except that the materials of any building or structure, fences or other things that may be removed as a nuisance may be first levied upon and sold by the city, and if any of the proceeds remain after satisfying the expense of the removal, the balance must be paid by the city to the defendant, or to the owner of the property levied upon, within 30 days following the date of sale; and if the proceeds are not sufficient to pay the expenses, the city must collect the residue thereof as provided in this chapter.
(Ord. 2664, passed 12-8-2020)