(A) Condemnation. When a structure or part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, it shall be condemned pursuant to the provisions of this chapter and shall be placarded and vacated. If condition only involves one dwelling unit in structure; only that unit will be affected. It shall not be reoccupied without approval of the Code Official. Unsafe equipment which is determined by the Code Official to be repairable shall be placarded and immediately placed out of service. Illegal, unapproved or defective equipment which, is determined by the Code Official to be irreparable, shall be immediately confiscated and/or destroyed.
(1) Unsafe structure. An unsafe premises is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or its occupants by not providing minimum safeguards for protection from fire or because it contains unsafe equipment or its is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible, or because of the existence of a public nuisance, as defined herein.
(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in disrepair or condition that is a hazard to life, health, property or safety of the public or occupants of the premises or structure, or is not approved for use by the Code Official.
(3) Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, 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 its location constitutes a hazard to its occupants or to the public.
(4) Unlawful structure. An unlawful structure 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.
(B) Closing of vacant structures. If the structure or part thereof is vacant and open to unauthorized entry, the Code Official shall issue a notice to remedy the violation by instructing the owner of such premises to cover or secure each door, window or other opening that is located within ten feet of grade or accessible from grade by stairs or roofs within ten feet of grade. If condition only involves one dwelling unit in a structure, only that unit will be affected. Upon failure of the owner to remedy the violation in accordance with the notice, the Code Official shall issue a citation.
(1) On a recommendation in writing from the appropriate Fire Districts, Louisville Metro Fire Department, Louisville Metro Police Department, Louisville Metro Public Health and Wellness Department or the assessment of the Code Official (in compliance with standards established in regulations as developed by the Code Official) that an emergency exists, the Code Official may board a structure without prior notice to the owner. An "emergency" exists for purposes herein when the boarding of the structure is necessary to protect and preserve the health, safety, or property of the owner, tenants, or the public. In addition, the Code Official, on his or her own motion may board a structure without prior notice to the owner when the structure has been ordered vacated pursuant to this chapter to protect and preserve the health, safety or property of the owner, tenants, or the public, or after service of a warrant executed pursuant to this chapter. The Code Official shall provide written notice to the owner and tenants of the structure of the execution of an order to board as soon as possible.
(2) The Code Official may cause the utility service to be discontinued from a structure after it has been unoccupied for a period of six months and does not meet the vacant building maintenance standards and is not in the process of being rehabilitated as indicated by a valid building permit.
(C) Notice. Whenever the Code Official 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 such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with this § 156.804. If the notice pertains to equipment, it shall also be placed on the condemned equipment and the notice shall be in the form prescribed in § 156.804.
(D) 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.
(E) 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 chapter.
(F) Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premise shall be liable for the penalties provided by this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)