(a) When a building, dwelling, structure, premises or equipment is found by the Code Official to be unsafe, or when a building, dwelling, structure or premises is found unfit for human occupancy, or is found unlawful, such building, dwelling, structure or premises may be condemned for occupancy, or condemned and ordered demolished pursuant to Section 1355.08.
(1) Unsafe Structures.
An unsafe building, dwelling, structure or premises is one that is found to be dangerous to the life, health, property or safety of the public; or to the occupant thereof by not providing minimum safeguards to protect or warn the occupant in the event of fire; or because such structure contains unsafe equipment; or because it 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 dilapidated condition that such equipment is a hazard to life, health, property or safety of the public or the occupant of the building, dwelling, structure or premises.
(3) Unlawful Structure. An unlawful building, dwelling or structure is one found in whole or in part to be occupied by more persons than permitted under this Code or other applicable codes, such as Zoning or Building Codes, or was erected, altered or occupied contrary to law.
(b) Structure Unfit for Human Occupancy. A building, dwelling, structure or premises is unfit for human occupancy whenever the Code Official finds that such building, dwelling, structure or premises is unsafe; or is unlawful; or is unsanitary; or is vermin or rat infested; or contains filth and contamination; or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code or other applicable codes; or because the building, dwelling or structure contains unsafe equipment; or because the location of the structure constitutes a hazard to the occupant thereof or to the public; or because of the degree to which the structure is in disrepair or lacks maintenance it constitutes a hazard to the occupant thereof or to the public.
(c) 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 “condemned for occupancy” 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 with private persons. The cost thereof shall be charged against the property upon which the building, dwelling or structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(d) Condemnation for Occupancy.
(1) Notice. Before the Code Official issues an order for condemnation for occupancy, notice of violation and a correction order shall be served upon the owner of the building, dwelling structure or premises in accordance with Section 1355.05
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(2) Placarding. Upon failure of the owner to comply with the correction order within the time given, the Code Official shall post in a conspicuous place in or about the building, dwelling, structure or premises a placard bearing the words “Condemned for Occupancy.” If the structure has been condemned for occupancy because of unsafe equipment, a placard shall also be placed on said equipment. Said placard shall contain a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
(3) Prohibited Occupancy. Any person who occupies a placarded premises or operates placarded equipment, or any owner who shall let any one occupy a placarded premises or operate placarded equipment, shall be guilty of 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.
(4) Removal of Placard. The Code Official shall remove the condemnation placard when the defect(s) upon which the condemnation and placarding action were based has been corrected or eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be shall be guilty of 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. 04-36. Passed 1-18-05.)