A. Violations:
1. Unlawful Acts: It shall be unlawful for a person, firm, or corporation to be in conflict with or in violation of any of the provisions of this chapter.
2. Notice Of Violation: The Code official shall serve a notice of violation or order in accordance with subsection B of this section.
3. Prosecution Of Violation: Any person failing to comply with a notice of violation or order served in accordance with subsection B of this section shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the City shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate.
4. Violation Of Provisions; Penalties: Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, may be prosecuted within the limits provided by State or this Code. Violation shall be deemed a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The penalty provisions of title 1, chapter 4 of this Code also apply.
5. Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the legal officer of the City from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
B. Notices And Orders:
1. Notice To Person Responsible: Whenever the Code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the person responsible in the manner prescribed in subsections B2 and B3 of this section.
2. Form: Such notice prescribed in subsection B1 of this section shall be in accordance with all of the following:
a. Be in writing.
b. Include a description of the real estate sufficient for identification.
c. Include a statement of the violation or violations and why the notice is being issued.
d. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or building into compliance with the provisions of this chapter.
3. Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
a. Delivered personally;
b. Sent by certified or first class mail addressed to the last known address of the person responsible; or
c. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building affected by such notice.
4. Penalties: Penalties for noncompliance with orders and notices shall be as set forth in subsection A4 of this section.
5. Transfer Of Ownership: It shall be unlawful for the owner of any dwelling unit or building who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or building to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the Code official and shall furnish to the Code official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
C. Unsafe Buildings And Equipment:
1. General: When a building or equipment is found by the Code official to be unsafe, or when a building is found unfit for human occupancy, or is found unlawful, such building shall be condemned pursuant to the provisions of this subsection C.
a. Unsafe Buildings: An "unsafe building" is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the building by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such building contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
b. 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 building which is in such disrepair or condition that such equipment is a hazard to life, health, property, or safety of the public or occupants of the premises or building.
c. Building Unfit For Human Occupancy: A building is unfit for human occupancy whenever the Code official finds that such building is unsafe, unlawful or, because of the degree to which the building is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this chapter, or because the location of the building constitutes a hazard to the occupants of the building or to the public.
d. Unlawful Building: An unlawful building is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered, or occupied contrary to law.
2. Closing Of Vacant Buildings: If the building 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 condemnation on the premises and order the building 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 by private persons and the cost thereof shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate and may be collected by any other legal resource.
3. Notice: Whenever the Code official has condemned a building or equipment under the provisions of this subsection C, notice shall be posted in a conspicuous place in or about the building affected by such notice and served on the owner or the person or persons responsible for the building or equipment in accordance with subsection B3 of this section. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in subsection B2 of this section.
4. Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code official shall post on the premises or on defective equipment a placard bearing the word "condemned" and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
a. Placard Removal: The Code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code official shall be subject to the penalties provided by this section.
5. Prohibited Occupancy: Any occupied building condemned and placarded by the Code official shall be vacated as ordered by the Code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this section.
D. Emergency Measures:
1. Imminent Danger: When, in the opinion of the Code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any building because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code official shall cause to be posted at each entrance to such building a notice reading as follows: "This Building is Unsafe and Its Occupancy Has Been Prohibited by the Code Official". It shall be unlawful for any person to enter such building except for the purpose of securing the building, making the required repairs, removing the hazardous condition, or of demolishing the same.
2. Temporary Safeguards: Notwithstanding other provisions of this section, whenever, in the opinion of the Code official, there is imminent danger due to an unsafe condition, the Code official shall order the necessary work to be done, including the boarding up of openings, to render such building temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause other such action to be taken as the Code official deems necessary to meet such emergency.
3. Closing Streets: When necessary for the public safety, the Code official shall temporarily close buildings and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe buildings, and prohibit the same from being utilized.
4. Emergency Repairs: For the purposes of this section, the Code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
5. Costs Of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe building is or was located for the recovery of such costs.
6. Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the City Council, be afforded a hearing as described in subsection F of this section.
E. Demolition:
1. General: The Code official shall order the owner of any premises upon which is located any building, which in the Code official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the building, to demolish and remove such building; or if such building is capable of being made safe by repairs, to repair and make safe and sanitary, or to demolish and remove at the owner's option.
2. Notices And Orders: All notices and orders shall comply with subsection B of this section.
3. Failure To Comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code official shall cause the building to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate.
4. Salvage Materials: When any building has been ordered demolished and removed, the Governing Body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
F. Appeals: Any person directly affected by a decision of the Code official or a notice or order issued under this chapter shall have the right to appeal to the City Council, provided that a written request for appeal is filed within fifteen (15) days after the day the decision, notice, or order was served. A request for appeal shall be based on a claim that the true intent of this chapter or the rules, legally adopted thereunder, have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means. Enforcement of the notice or order (other than an imminent danger notice) shall be stayed during the appeals process. The appeal will be heard by the City Council at its next meeting, occurring at least fifteen (15) days after the filing of the request for appeal, at which time the appellant or the appellant's representative, may appear and make a presentation to the City Council. After the hearing, the Council may uphold, reverse, or modify the requirements of the notice or order based upon the provisions of this chapter and upon the protection of the public health, sanitation, safety, or general welfare of the community at large. The City Council shall issue written findings and determination within thirty one (31) days of the hearing. (Ord. 152, 1-14-2019)