(a) Notice of Violation. Whenever the Housing Officer determines by the inspection of any building, structure or lot that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(b) Form and Content of Notice. Such notice shall:
(1) Be in writing;
(2) Be served upon the owner of the property involved in the same manner as summons are required to be served in civil actions and shall, in addition thereto be posted in a conspicuous place on the premises affected by the notice. Time periods hereinafter designated shall begin as of the date of service as herein provided.
(3) The notice shall set out the date of inspection, by whom made, the substandard conditions found, in reasonable detail, and shall order specific corrective measures and give a date by which time the corrective measures shall be completed.
(4) The notice shall order the owner to comply with the corrections in a time period to be allowed by the Housing Officer, but it shall in no case be less than forty-eight hours, or to appear before the Commission within ten days to show cause why the owner cannot or ought not comply with the order within the time indicated; provided, however, that whenever the Housing Officer finds that any emergency exists, which in his opinion may involve the potential loss of life or severe property damage, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall be afforded a hearing upon petition to the Housing Commission, but if no such petition be filed within twenty-four hours of receipt of such order, the person to whom such order is directed shall comply herewith at the end of such twenty-four hour period.
(c) Duties of Owners. The owner of any property subject to the provisions of this article shall upon receipt of the notice and order as provided in subsection (a) hereof, correct the deficiencies noted in time stipulated, or appear before the Housing Official and show cause why he cannot or ought not comply therewith; and any owner who fails to do so shall, upon the expiration of the time allotted, be deemed to be maintaining a nuisance, which shall constitute a violation of the provisions of this article. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of such dwelling and the premises thereof; shall maintain such dwelling in a rat proof and a reasonable insect proof condition and he shall be responsible for the extermination of such pests in the shared or public areas of such dwelling or any vacant portions thereof.
(d) Duties of Occupants. The occupant of any dwelling or dwelling unit subject to the provisions of this article, whether the owner or not, shall comply with the provisions of Section 1753.04
and subsection (e) hereof, or be guilty of a violation thereof. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof which he occupies and controls; shall dispose of all his garbage and any other organic waste, in a clean and sanitary manner, by placing it in garbage disposal facilities or garbage storage containers; shall dispose of all his rubbish in a clean and sanitary manner; shall be responsible for the extermination of any insects, rodents or other pests on the premises he occupies and shall keep all plumbing fixtures therein in a clean and sanitary condition.
(e) Vacating; Posting. If any order of the Housing Officer issued under the authority of this article is not complied within the time specified, he may order the premises vacated by posting a notice on the front of the building with the following words: "This building is unfit for human habitation, and its use or occupation for that purpose is unlawful", dated and signed by the Housing Officer or his authorized representative. Any building or structure so ordered to be vacated shall not again be occupied until a written statement shall have been secured from the Housing Officer that the dwelling has been made to comply with the provisions of the order. Any building, so vacated shall be immediately closed, by locking, and by boarding and barricading, if necessary, by the owner thereof at his expense until such written statement shall have been secured. Occupying or continuing to occupy, or authorizing or permitting to occupy, or failing to close any such vacated building or structure shall constitute a violation of the provisions of this article.
(f) Demolition. If any building or structure shall continue to be a nuisance as defined herein for a period of six months after the date of the order to vacate as set forth in subsection (c) thereof, the Housing Officer may cause such building to be removed or demolished, and the amount of the cost of such removal or demolition shall, after sale of all salvaged materials, if any, is credited to the account, be a lien against the real property upon which such cost was incurred, which lien shall be superior to all liens thereon except those for taxes and paving assessments, and which may, if necessary, be enforced through any court of competent jurisdiction.
(g) Hearing Before Housing Commission. Any property owner who receives a notice from the Housing Officer which orders anything to be done under the provisions of this article shall be entitled to a hearing thereon before the Housing Commission upon written application thereto setting forth the grounds for such hearing; provided that such application be made prior to the end of the time for corrective action set forth in the notice or within thirty days from the serving and posting of such notice as provided in subsection (b) hereof. Upon receipt of such application, the Housing Officer shall set a time and place for a hearing thereon and notify the applicant in writing thereof. Such hearing shall be held not later than ten days after receipt of such application. After the hearing, the Housing Officer may sustain, modify or withdraw the order complained of, in accordance with the provisions of this article, and the proceedings including a copy of all pertinent notices and orders, shall be reduced to writing and entered as a matter of public record in the office of the Housing Officer.
The Housing Officer is hereby disqualified from voting upon any question before the Housing Commission during the course of any hearing held pursuant to this section and he shall not exercise any of the powers of a member of the Housing Commission during the course of any hearing held pursuant to this section, or following any such hearing with respect to any case appealed to the officer from his own notice, order or other action taken by him pursuant to this article. (1978 Code Sec. 5-42)