(A) Whenever the Health Officer or the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of the violation to the person or persons responsible therefor, as herein provided. The notice shall:
(1) Be in writing;
(2) Include a list of the violations found;
(3) Allow a reasonable time for the performance of any act it requires; and
(4) Be served upon the owner or his or her agent, or the occupant as the case may require; provided that, the notice shall be deemed to be properly served upon the owner or agent or upon the occupant if a copy thereof is served upon him or her personally, if a copy thereof is sent by registered mail to his or her last known address, or if service is effected by any other method authorized under the laws of the state. For properties registered under Chapter 159, Rental Housing, notices shall be deemed properly served upon the agent and/or owner as listed on the registration, upon confirmation of receipt and/or delivery of the notice.
(B) Any person affected by any notice which has been issued in connection with the enforcement of this subchapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Appeals; provided that, the person shall file in the office of the Board of Appeals a written petition requesting the hearing and setting forth a brief statement of the grounds thereto within ten days after the day the notice was served. Upon receipt of the petition, the Board of Appeals shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed. Upon application of the petitioner, the Board of Appeals may postpone the date of the hearing for a reasonable time beyond the ten-day period, if in its judgment, the petitioner has submitted a good and sufficient reason for the postponement.
(C) After the hearing, the Board of Appeals shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this subchapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Appeals sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to division (A)(4) of this section, shall automatically become an order if a written petition for a hearing is not filed in the office of the Board of Appeals within ten days after the notice is served.
(D) The proceedings at the hearing, including the findings and decision of the Board of Appeals, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer or Building Commissioner. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Appeals may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(E) Whenever the Building Commissioner or Health Officer finds an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that the action be taken as is reasonably necessary to meet the emergency. Notwithstanding the other provisions of this section, the order shall be effective immediately upon being served as provided in division (A)(4) above. Any person to whom the order is directed shall comply therewith immediately, but upon petition to the Board of Appeals shall be afforded a hearing as soon as possible. After the hearing, depending upon his or her findings as to whether the provisions of this subchapter and of the rules and regulations adopted pursuant thereto have been complied with, the Board of Appeals shall continue the order in effect, or modify it or revoke it.
(F) The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of the unfit dwellings or dwelling units shall be carried out in compliance with the following requirements.
(1) Any dwelling or dwelling unit which shall be 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 Building Commissioner or Health Officer:
(a) 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;
(b) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public; or
(c) One which because of its general condition or location is unsanitary, or otherwise dangerous to the health of the occupants or of the public.
(2) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Health Officer, or Building Commissioner shall be vacated within a reasonable time as ordered by the Health Officer or Building Commissioner.
(3) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard is removed by, the Health Officer or Building Commissioner. The Health Officer or Building Commissioner shall remove the placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(4) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (F)(3) of this section.
(5) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Appeals.
(G) The Board of Public Works and Safety shall serve as the Board of Appeals for any alleged violations or appeals with respect to § 150.101, Cleanliness of Premises.
(Ord. G-69-352, passed 3-7-1969; Ord. G-09-24, passed 6-1-2009; Ord. G-16-10, passed 10-3-2016)