(A) (1) Condemnation. When a structure or part thereof is found by the city’s Code Enforcement Officer 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 the condition only involves one (1) dwelling unit in structure; only that unit will be affected. It shall not be re-occupied without approval of the Code Enforcement Officer. Unsafe equipment which is determined by the Code Enforcement Officer to be repairable shall be placarded and immediately placed out of service. Illegal, unapproved or defective equipment which is determined by the Code Enforcement Officer to be irreparable shall be immediately confiscated and/or destroyed.
(2) For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“STRUCTURE UNFIT FOR HUMAN OCCUPANCY.” A structure is unfit for human occupancy or use whenever the Code Enforcement Officer 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, or because its location constitutes a hazard to its occupants or to the public.
“UNLAWFUL STRUCTURE.” 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.
“UNSAFE EQUIPMENT.” Includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, refrigerators, ice-boxes, ice-chests, or freezers, 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 Enforcement Officer.
“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.
(B) Closing of vacant structures. If the structure or part thereof is vacant and open to unauthorized entry, the Code Enforcement Officer 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 (10) feet of the ground or accessible from the ground by stairs or roofs within ten (10) feet of the ground. If the condition only involves one (1) dwelling unit in a structure, only that unit will be affected. Upon the failure of the owner to remedy the violation in accordance with the notice, the Code Enforcement Officer shall pursue the remedies set forth in § 156.06.
(1) On a recommendation in writing from the Mt. Washington Fire Department, the Mt. Washington Police Department or the Bullitt County Health Department that an emergency exists, the Code Enforcement Officer 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 Enforcement Officer, 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 in order to protect and preserve the health, safety or property of the owner, tenants, or the public. The Code Enforcement Officer 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 Enforcement Officer may cause the utility service to be discontinued from a structure after it has been unoccupied for a period of six (6) 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 Enforcement Officer 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 and/or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 156.05.
(D) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Enforcement Officer 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 Enforcement Officer 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 Enforcement Officer 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 premises, shall be liable for the penalties provided by this chapter.
(Ord. 07-14, passed 6-11-07) Penalty, see § 156.99