When a structure is found by the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structures shall be condemned pursuant to the provisions of this Code.
(a) Unsafe Structures. An “unsafe structure” is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect occupants, or because such structure is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(b) Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(c) Unlawful Structure. An “unlawful structure” is one found in whole or in part to be occupied or was erected, altered or occupied contrary to law.
(d) Closing of Vacant Structures.
(1) Closing. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons. The cost thereof shall be billed to the property owner, and if not paid within 30 days of the date of the invoice mailing, shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(2) Notice. Whenever the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee has condemned a structure under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure in accordance with Section 1460.11(b).
(3) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee shall 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 Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee 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 Official shall be subject to the penalties provided by this Code.
(4) Prohibited occupancy. Any occupied structure condemned and placarded by the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee shall be vacated as ordered by them. Any person who shall occupy a placarded premises, and any owner or person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this Code.
(e) Dangerous and Unsanitary Conditions.
(1) Whenever it is brought to the attention of the City Manager or his or her designee or the Health Commissioner or his or her designee that any dangerous or unsanitary condition exists, or that any construction or work regulated by this Exterior Property Maintenance Code is dangerous, unsafe, unsanitary or a menace to life, health or property, or is in violation of this Exterior Property Maintenance Code, the City Manager or his or her designee or the Health Commissioner or his or her designee may request an investigation by the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee, and, upon determining such information to be true, shall order any person, firm or corporation using or maintaining any such condition, or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter, change, remove or demolish the same as he or she may consider necessary for the proper protection of life, health or property. In a case where there is danger of pollution of the water supply, the City Manager or his or her designee or the Health Commissioner or his or her designee may order the water service shut off until such plumbing is made safe to life and health. In cases where any business establishment is closed by the City Manager or his or her designee or the Health Commissioner or his or her designee because of conditions detrimental to public health, such business shall remain closed until permission to reopen such place of business has been granted by the City Manager or his or her designee or the Health Commissioner or his or her designee.
(2) In cases where any building is condemned by the City Manager or his or her designee or the Health Commissioner or his or her designee and ordered vacated because of being dangerous to life and health, such building shall remain vacant until permission to reopen such building has been granted by the City Manager or his or her designee or the Health Commissioner or his or her designee.
(3) Every order pursuant to this section shall be in writing, addressed to the owner, agent or person responsible for the premises in which such conditions exist, and shall specify the date or time when such order shall be complied with, which time shall allow a reasonable period in which the order can be complied with by the person, firm or corporation receiving such order, but shall never exceed the maximum period for which such construction can be safely used or maintained in the judgment of the City Manager or his or her designee or the Health Commissioner or his or her designee. Refusal, failure or neglect to comply with such notice or order shall be considered a violation of this Exterior Property Maintenance Code.
(4) It shall be the duty of the Director of Public Service or his or her designee or the Planning Director or his or her designee or the Enforcement Officer or his or her designee to enforce the provisions of this Exterior Property Maintenance Code but nothing herein contained shall be construed to exempt any other officer or department from the obligation imposed upon them of enforcing the provisions hereof.
(Ord. 04-24. Passed 5-17-04; Ord. 07-30. Passed 7-16-07; Ord. 09-37. Passed 8-3-09.)