The designation of dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units as unfit for human habitation and the procedure for the placarding and condemnation of such unfit structures and units shall be carried out in compliance with the following requirements.
(A) The head of the enforcing division shall declare as unfit for human occupancy any dwelling, dwelling units, hotels, hotel units, rooming houses and rooming unit which is found to have any of the following defects:
(1) One, which is so dilapidated, damaged, decayed, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public;
(2) One, which lack’s illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or the public; or
(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 public.
(B) The head of the enforcing division shall give to the owner or person in charge of any dwelling, dwelling units, hotels, hotel units, rooming houses and a rooming unit found to be unfit for human occupancy written notice or posting to the effect that such dwelling, dwelling units, hotels, hotel units, rooming houses and rooming unit found to be unfit for human occupancy and such notice shall:
(1) Summarize the defects which serve as the basis for declaring the dwelling, dwelling units, hotels, hotel units, rooming houses and a rooming unit found to be unfit for human occupancy;
(2) Order the building, structure or portion thereof, to be vacated within five days and not re-occupied until a certificate of occupancy is issued by the Building Department of the city;
(3) Require the owner or person in charge of the building or premises, within 15 days from the date of the notice, to commence either the necessary repairs or improvements or the demolition or removal of the building structures or parts thereof;
(4) Stipulate that a permit as required by the Building Code be obtained prior to the start of any repairs, improvements, demolition or removal of the building or structure and that all work covered by the permit that shall be completed within 90 days from the date thereof, unless otherwise stipulated by the head of the enforcing division; and/or
(5) Inform the person on whom the notice is served of his or her right to apply for, within 15 days, a hearing by the Special Master.
(C) Proper notice of such shall be by personal service upon the owner of record, if he or she shall be found. If the person addressed with such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises, and such procedure shall be deemed the equivalent of personal service.
(D) In addition to giving the notice, the head of the enforcing agency shall placard, or cause to be placarded, dwelling, dwelling units, hotels, hotel units, rooming houses and rooming unit found to be unfit for human occupancy.
(1) The placard shall be signed by the head of the enforcing division and posted in a conspicuous place on the premises. It shall be red in color and contain the following script:
“These premises not fit for human occupancy and, in the opinion of the undersigned, unsafe. Notice has been given and these premises shall not be used or occupied.
This placard shall not be removed except by an authorized representative of the Enforcing agency.”
This placard shall not be removed except by an authorized representative of the Enforcing agency.”
(2) No person, except a representative of the enforcing division, shall deface or remove the placard from any premises, which have been declared and placarded as unfit for human habitation.
(3) The head of the enforcing agency shall order the placard removed whenever the defect or defects upon which the placarding action was based have been eliminated.
(E) Whenever any premises are designed as an unfit for human habitation, as provided in this subchapter, enforcing division shall determine the relationship of the cost necessary to correct the violation to the value of the building.
(1) If the cost of the corrective measures to be taken exceeds 50% of the value, based on current replacement cost less reasonable depreciation, such building shall be demolished and removed.
(2) If the cost of the corrective measures does not exceed 50% of the value, based on current replacement cost, less reasonable depreciation, such building may be repaired, renovated or otherwise made to comply with the requirements of this subchapter.
(F) The removal, defacement, blocking or obstruction by visual methods or otherwise of any placard or stop work order that has been posted anywhere for anything shall be a violation of city ordinance and punishable as defined in the city code.
(Ord. 450, passed 9-9-2003)