A. Determination; Declaration: Whenever in the opinion of the building commissioner, there are reasonable grounds to believe that any building is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants, if any, to persons who might enter therein or to the public in general, he shall declare such building unfit for human habitation and shall so placard the building. In determining whether or not a building is unfit for human habitation under this section, existence of any one of the following conditions shall be sufficient of itself to render the building so unfit:
1. The interior or exterior bearing walls or other vertical structural members listed, lean or buckle to such an extent as to weaken the structural support they are intended to provide.
2. Thirty three percent (33%) or more damage or deterioration of the supporting member or members.
3. Fifty percent (50%) or more damage or deterioration of the nonsupporting, enclosing or outside walls or covering.
4. Deterioration or damage by fire, wind or other causes so as to no longer provide shelter from the elements.
5. Overloads or improperly distributed loads upon the floors or roof or insufficient strength for the use made of such building.
6. Parts which are so attached that they may fall and injure occupants or other persons on or about the premises. (1975 Code § 11.08)
B. Vacating Unfit Premises:
1. Any building or dwelling unit determined to be unfit for human habitation and so designated and placarded by the building commissioner shall be vacated within a reasonable time as ordered by the building commissioner which time for vacation shall be set out in the placard.
2. After expiration of the vacation date set out in the placard, no person shall occupy or let for occupancy any building or dwelling unit which has been determined to be unfit for human habitation and has been so placarded, until written approval of occupancy has been obtained from the building commissioner and the placard has been removed by the building commissioner. The building commissioner shall issue his approval and remove such placard whenever in his opinion the defects or violations have been remedied, removed or corrected and such building or dwelling unit complies in all respects with the requirements of this chapter.
C. Entry, Approval: After expiration of the vacation date set out in the placard, no person shall enter into or upon any dwelling unit or building determined as unfit for human habitation and so placarded unless such entry is with the written approval of the building commissioner and is exclusively in connection with the repair, remodeling, renovation or removal of the unit or building involved.
D. Removal Of Placard: It shall be unlawful for any person to deface or remove the placard from any dwelling unit or building which has been determined as unfit for human habitation and placarded as such. (1975 Code § 11.09)
Notes
| 1 | 1. See also chapter 4 of this title. |