The following procedures concerning unfit dwellings shall be used:
(A) Whenever a petition is filed with the public officer by a public authority, or by at least five residents of the municipality, charging that any dwelling is unfit for human habitation, or whenever it appears to the public officer on his own motion that any dwelling is unfit for human habitation, the public officer shall if his preliminary investigation discloses a basis for charges, issue and cause to be served upon the owner of and all parties in such dwelling a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the public officer at a place therein fixed, not less than ten days nor more than 30 days after the serving of such complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear, in person or otherwise, and give testimony at the place and time fixed in the complaint, and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(B) If, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order, giving the owner 60 days within which to comply by repairing, altering, improving, vacating or demolishing the building.
(C) If the owner fails to comply with an order to repair, alter, improve or vacate and close the dwelling, the public officer may cause such dwelling to be repaired, altered or improved and cause to be posted on the main entrance of any dwelling so closed a placard with the following words: “THIS BUILDING IS UNFIT FOR HUMAN HABITATION: THE USE OR OCCUPATION OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL.”
(D) If the owner fails to comply with an order to repair, remove or demolish the dwelling, the public officer may cause such dwelling to be repaired, removed or demolished.
(E) The amount of the cost of such repairs, alterations or improvements, vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred.
(F) Complaints or orders issued by a public officer pursuant to this code shall be served upon persons either personally or by registered mail, but if the whereabouts of such person are unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, the serving of such complaint or order upon such person may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county and circulating in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of court for the county, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(G) If it shall appear to the public officer that the provisions of the code as pertaining to the time limits for compliance with orders of the official may cause an undue hardship, the public officer may waive deadlines as may be just and proper, but in no event shall the failure of the official to act be deemed as a waiver of any provision. It is further provided that any such waiver for compliance shall be for one month intervals; provided that no such extension shall be granted for more than eight months from the date of such notice. It is further provided that the provisions of this section on waiver are applicable only in the case of condemnation for repair and that there shall not be any waiver whatsoever for the provisions of condemnation for demolition.
('90 Code, § 7-28.5) (Ord. passed 2-14-83)