(A) General. When a structure or equipment is found by the Code Official, or his or her designee, to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, it shall be condemned pursuant to the provisions of this code.
(1) Unsafe structures. An UNSAFE STRUCTURE is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure, by not providing minimum safeguards to protect or warn occupants in the event of fire, or because it 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.
(2) Structure unfit for human occupancy. A structure is UNFIT FOR HUMAN OCCUPANCY whenever the Code Official, or his or her designee, finds that the structure is unsafe, unlawful or, because of the degree to which it 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 code, or because its location constitutes a hazard to the occupants of the structure or to the public.
(3) Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
(a) Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged;
(b) Any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Code Official, or his or her designee, to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(c) Any portion of a building that remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
(B) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official, or his or her designee, is authorized to post a placard of condemnation 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 structure within the time specified in the order, the Code Official, or his or her designee, shall cause the structure to be closed and secured through any available public agency or by contract or arrangement by private persons. The cost of closing and securing the structure shall be charged against the real estate upon which the structure is located, shall be a lien upon that real estate, and may be collected by any other legal resource.
(1) Vacant and abandoned structures. It shall be the responsibility of the owner of the property to maintain vacant and/or abandoned structure(s) so it does not deteriorate and/or become a blighting issue or safety hazard.
(2) Demolition of vacant and abandoned structures. Structure(s) that have been vacant or abandoned for a period of more than three (3) years, and are in a state of deterioration to the point that it becomes a blighting issue or safety hazard, may be removed after a hearing before the Code Enforcement Board.
(C) Notice. Whenever the Code Official, or his or her designee, has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by he notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 92.07(A) and (C). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 92.07(B).
(D) Placarding.
(1) Placard posting. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official, or his or her designee, shall post on the structure or 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.
(2) Placard removal. The Code Official, or his or her designee, shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated or corrected. Any person who defaces or removes a condemnation placard without the approval of the Code Official, or his or her designee, shall be subject to the penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official, or his or her designee, shall be vacated as ordered by the Code Official or his or her designee. Any person who shall occupy a placarded structure or premise or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded structure or premise or operate placarded equipment, shall be liable for the penalties provided by this code.
(F) Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the Code Official, or his or her designee, shall abate or cause to be abated or corrected the unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
(G) Record. The Code Official, or his or her designee, shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(Ord. 2019-01, passed 7-15-19)