1303.12  CONDEMNATION.
   (a)   Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the Property Maintenance Enforcement Officer finds that it is an unsafe structure as defined in Section 1302.01, it is unsanitary, vermin or rat infested, contains filth or contamination, or lacks ventilation, illumination, sanitary or heating facilities, or contains unsafe equipment. 
   (b)   Recommendation for Condemnation, Notice.  When the Property Maintenance Enforcement Officer finds that a building is unfit for Human Occupancy, he shall immediately document its condition and recommend that it be condemned by the Board of Property Maintenance Appeals.  The Board shall schedule a condemnation hearing no later than 45 days after the Property Maintenance Enforcement Officer files his recommendation with the Board.  The property owner shall be provided notice of the hearing pursuant to Section 1303.05.  In addition, the Property Maintenance Enforcement Officer shall post a notice in a conspicuous place on the structure affected by such notice.  The posted notice shall contain the recommendation for condemnation of the structure and the time and date of the Board of Property Maintenance Appeals hearing.
   (c)   Hearing by the Board.  At the condemnation hearing, the Board shall hear the report of the Property Maintenance Enforcement Officer and any evidence presented by the property owner.  After hearing the evidence, the Board may:
      (1)   Condemn the structure and order it to be vacated, with further occupancy prohibited until completion of repairs ordered by the board.
      (2)   Condemn the structure and order it to be demolished, upon a finding that it is so deteriorated or dilapidated or so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and that it is unreasonable to repair.
      (3)   Find that the structure is fit for human occupancy, but order repairs.
      (4)   Dismiss the case upon a finding of good cause.
   (d)   Repairable Structures.  If a condemned structure is capable of being made safe by repairs, the property owner shall be ordered to repair and make safe and sanitary, or temporarily board up and hold for future repair within ninety (90) days or demolish and remove the structure within ninety (90) days, at the property owner's option.
   (e)   Placarding of Property.  If the Board condemns a property, the Property Maintenance Enforcement Officer shall immediately post on the premises a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises or removing the placard.  The Property Maintenance Enforcement Officer shall remove the condemnation placard whenever the defect or defects which caused the condemnation action have been eliminated. 
   (f)   Removal or Destruction of Placards.  No person shall deface or removes a condemnation placard without the approval of the Property Maintenance Enforcement Officer. 
   (g)   Occupancy Restricted.  No person shall occupy a condemned premises, nor shall any property owner allow anyone to occupy a condemned premises.
(Ord. 2014-02.  Passed 3-24-14.)