Loading...
Whenever the Building Commissioner has condemned a nonresidential structure or a part thereof as unfit for human use, he or she shall immediately give notice to the owner thereof of such determination and of his or her intention to placard as unfit for human use such structure or part thereof. Such notice shall contain a statement informing the owner and user of the right to appeal the determination of the Building Commissioner within seven days after the notice is served.
(Ord. 68-1979. Passed 3-5-79.)
Service of the notice shall be made by:
(a) Posting a copy upon the nonresidential structure;
(b) Causing it to be delivered to the owner;
(c) If the owner is not found, then by leaving a copy at his or her usual place of abode, with a member of his or her family over the age of fifteen years;
(d) If service pursuant to subsections (c) and (b) hereof cannot be had, then by sending a copy of the notice by certified mail, return receipt requested, to the last known address.
Service of notice pursuant to subsections (a) and (d) hereof shall be deemed to have been made twenty-four hours after the posting and mailing thereof respectively.
(Ord. 68-1979. Passed 3-5-79.)
Any owner or occupant of a nonresidential structure or part thereof determined by the Building Commissioner to be unfit for human use may file in the office of the Building Commissioner a written appeal to the Planning and Zoning Commission, requesting a hearing and setting forth a statement of the grounds, within seven days after service of the notice herein provided. The filing of an appeal shall act as a stay and the Building Commissioner shall not proceed to placard until such hearing shall be completed. Except as herein provided, the procedure for hearing by the Commission set forth in Section 1301.07 of the Planning and Zoning Code shall be followed.
(Ord. 68-1979. Passed 3-5-79.)
Nothing contained herein shall be construed or interpreted to prohibit the owner or occupant or any other person from presenting evidence to the Building Commissioner showing that a nonresidential structure or portion thereof is fit for human use. In the event the Building Commissioner determines that the nonresidential structure or portion thereof is not unfit for human use, he or she or his or her authorized representative shall cause the notice to be removed and forthwith notify the owner, in writing, of such determination.
(Ord. 68-1979. Passed 3-5-79.)
In the event that no appeal has been taken within the seven-day period, or after a final determination upon review upholding the determination of the Building Commissioner, there shall be posted in a conspicuous place or places upon the structure or portion thereof a placard or placards bearing the following words:
“Condemned as unfit for human use”
After such placarding, the structure or portion thereof shall be vacated within a time as determined by the Commissioner.
(Ord. 68-1979. Passed 3-5-79.)
No person shall occupy, enter, refuse to leave, or remain in, a nonresidential structure or potion thereof which is placarded, except persons directly employed in securing or removing such condemned structure or portion thereof.
(Ord. 68-1979. Passed 3-5-79.)
The Building Commissioner shall notify the Police Chief, in writing, and it shall be the duty of the Police Department to inform any persons in such structure or portion thereto to remove themselves and their possessions. It shall further be the duty of the Police Department to prevent any person from entering such structure or portion thereof, except for persons directly employed in securing or removing such condemned structure or portion thereof. If the Building Commissioner determines that a condemned structure or portion thereof has been so repaired, reconstructed and rehabilitated that it is in such condition as to be fit for human use, then he or she shall notify the owner or occupant and the Chief of Police of that determination.
(Ord. 68-1979. Passed 3-5-79.)
(EDITOR'S NOTE: See Section 1703.99 for general Code penalty if no specific penalty is provided.)
Next Doc