1371.09 CONDEMNATION.
(a) Any dwelling or dwelling unit which is found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Bureau of Buildings, Inspections, Licenses and Permits.
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) One which because of its general condition or location is unsanitary, or otherwise dangerous to the health or safety of the occupants or of the public.
(b) Whenever the Bureau has condemned a dwelling or dwelling unit as unfit for human habitation, the Superintendent shall give notice to the owner of such condemnation and of his intent to placard the dwelling or dwelling unit as unfit for human habitation.
The notice to the owner shall:
(1) Be put in writing.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the reason or reasons why it is being issued.
(4) Include a description of the repairs and improvements required to bring the condemned dwelling or dwelling unit into compliance.
(5) Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to the Board of Housing Appeals in accordance with the provisions of this chapter.
(6) This notice shall be served by sending it by certified mail return receipt requested, or by personal service to the owner of the dwelling at his/her address, as well as posted in a conspicuous place or places upon the building, structure, premises or dwelling involved. The Bureau is to post in a conspicuous place or places upon the affected dwelling or dwelling unit, a placard or placards bearing in substance, the following words, "Condemned as Unfit for Human Habitation".
(Ord. 94-151. Passed 6-21-94.)
(c) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Bureau shall be vacated within a reasonable time as ordered by the Bureau and shall remain vacant until written approval is secured from the Bureau.
(d) If the Bureau, with the concurrence of the Board of Health, determines that the structure cannot be improved so as to comply with provisions of these regulations and that same is unsafe, the Bureau may order and direct the owners to demolish such structure as a hazard. In the event that the owners fail to comply with such order the Bureau, with the concurrence of the Board of Health, may order the demolition of the structure and shall certify the cost and expense of demolition as set forth herein to the County Auditor and the same shall become a lien upon the real estate.
(e) Any person affected by any notice of an alleged violation under this section may request and shall be granted a hearing before the Board provided the request for such hearing is made within the number of days specified in the notice.
(f) After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of the chapter have been complied with. (Ord. 70-253. Passed 7-21-70.)