1305.09 UNSAFE BUILDINGS.
All buildings, structures, or service equipment, which are unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally, in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure:
(a) Whenever the Building Superintendent shall find any building, structure or service equipment or portion thereof to be unsafe as defined in this section, he shall, in accordance with established procedure for legal notices, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure or service equipment or portion thereof.
(b) If necessary, such notice shall also require the building, structure, or service equipment, or portion thereof, to be vacated and/or shut down forthwith and not reoccupied and/or restarted until the specified repairs and improvements are completed, inspected, and approved by the Building Superintendent. The Building Superintendent shall cause to be posted at each entrance to such building a notice: "CONDEMNED AS A DANGEROUS AND UNSAFE STRUCTURE." Such notice shall remain posted until the required repairs are made or demolition is completed. No person, firm or corporation or their agents or other servants shall remove such notice without written permission of the Building Superintendent nor shall any person enter the building except for the purpose of making the required repairs or of demolishing same.
(c) The owner, agent or person in control shall have the right, except in cases of emergency, to appeal from the decision of the Building Superintendent as provided hereinafter, and to appear before the Board of Building Appeals at a specified time and place to show cause why he should not comply with the notice.
(d) In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove such building, structure or service equipment, or portion thereof, the Building Superintendent after having ascertained the cost, shall cause such building or structure or service equipment, or portion thereof, to be demolished, secured or required to remain vacant, or be shut down.
(e) The decision of the Building Superintendent shall be final in cases of emergency which, in his opinion, involve imminent danger of human life or health. He shall promptly cause such building, structure, or service equipment, or portion thereof, to be made safe or removed. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way.
(f) Cost incurred under subsections (d) and (e) hereof shall be paid out of the City Treasury on certificate of the Building Superintendent. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law. (Ord. 46-13. Passed 5-28-13.)