1309.11 UNFIT DWELLINGS; CONDEMNATION.
   (a)   Defects. Any dwelling, dwelling unit, rooming house or rooming unit which shall be found to have any of the following defects shall be cited to the Building Board of Appeals by the Housing Director as being unfit for human habitation:
      (1)   One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermininfested that it creates a serious hazard to health or safety of the occupants or the general public;
      (2)   One which lacks illumination, ventilation or sanitation facilities adequate to protect the health and safety of the occupants or the general 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 the general public.
   (b)   Occupants to Vacate. The occupants of any dwelling, dwelling unit, rooming house or rooming unit condemned and placard as dangerous and unfit for human habitation shall vacate such dwelling, dwelling unit, rooming house or rooming unit within a reasonable time as ordered by the Building Board of Appeals. Except under emergency conditions, in occupant shall be forced to vacate until he can obtain other suitable dwelling facilities.
 
   (c)   Reoccupancy After Defect Corrected. No dwelling, dwelling unit, rooming house or rooming unit which has been condemned and placard as dangerous or unfit for human habitation shall be used for human habitation until written approval is secured from and the placard is removed by the Housing Director. The Housing Director shall remove the placard when the defect upon which the condemnation and placarding actions were based has been eliminated.
   (d)   Defacing Or Removing Placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as dangerous and unfit for human habitation; except as provided in subsection (c) hereof.
 
   (e)   Hearing On Condemning and Placarding. Any person affected by a notice or order relating to the condemning and placarding of a dwelling, dwelling unit, rooming house or rooming unit as dangerous and unfit for human habitation may request and shall be granted a hearing before the Building Board of Appeals under the procedure set forth in Section 1309.10(a-m), inclusive.
 
   (f)   Doors and Windows To Be Locked and Boarded. Any dwelling, dwelling unit, rooming house or rooming unit vacated by order of the Building Board of Appeals, for more than twenty days shall have its doors and windows effectively locked and boarded to prevent entry.
   (g)   Certification To Chief Building and Zoning Inspector For Demolition. The Housing Director may certify any dwelling, dwelling unit, rooming house or rooming unit which has been condemned and placarded to the Chief Building and Zoning Inspector to be demolished in accordance with the procedures provided for unsafe buildings.
   (h)   Order to Demolish: Costs A Lien. If the Building Board of Appeals determines that any dwelling or rooming house cannot be improved so as to comply with the provisions of this Housing Code and that same is unsafe, it may order demolition thereof as a nuisance. If the owner fails to comply with such order within a reasonable time, to be set by the Building Board of Appeals in its final order, the Building Board of Appeals may cause demolition thereof and shall certify the cost and expense of demolition to the County Auditor, and the same shall become a lien on real estate.
(Ord. 41-1989. Passed 3-20-89.; Ord. 71-1992. Passed 4-6-92.)
   (i)   If the Chief Building Official or Safety Service Director determines that any dwelling or structure has become a public nuisance so as to comply with the provisions of this Housing Code and the same is unsafe, they may order the boarding up of said dwelling or structure. The Safety Service Director shall immediately certify the cost and expense of said boarding up to the County Auditor, and the same shall become a lien on real estate.
(Ord. 73-2008. Passed 5-19-08.)