§ 27-2141 Notice.

   a.   The vacate order shall be served upon the owner by mailing a copy to the person last registered with the department as owner or agent by certified mail, return receipt requested. The affidavit of an employee or agent of the department, stating facts which show that the vacate order was duly addressed and mailed, shall be presumptive evidence that such vacate order was duly served.

   b.   The vacate order shall be served upon the occupants of the dwelling by affixing a copy prominently on the dwelling which is the subject of the vacate order.

   c.   An additional copy of the vacate order shall be posted on the entrance door of the dwelling which is the subject of such order, and shall not be removed until such order is revoked by the department pursuant to section 27-2142 of this code.

(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)

§ 27-2142 Reoccupancy after vacate order.

   a.   No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. Notwithstanding any other provision of law, an owner or managing agent or other representative of such owner who violates this subdivision by permitting or allowing re-occupancy of a premises that is subject to a vacate order shall be subject to a civil penalty of not less than five thousand dollars for each reoccupied dwelling unit in such premises.

   b.   If the department finds that the conditions rendering a building or part unfit for human habitation have been corrected, it may revoke a vacate order. If the department finds that the unlawful conditions are being corrected and that continued occupancy may be permitted consistent with health and safety, it may extend the time period for compliance fixed in the order.

   c.   The department may by regulations set forth standards and provide for hearings to determine when such vacate order should be revoked or extended.

   d.   The department may require as a condition for revocation of a vacate order, that the owner make reasonable effort to notify any tenants who may have vacated the dwelling pursuant to such order that said tenant has a right to re-occupy the dwelling.

(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)

Article 8: Recovery of Expenses

§ 27-2143 Action against the owner for recovery of expenses.

The department may bring an action against the owner of a dwelling for the recovery of any costs, expenses and disbursements incurred by it under any provision of the administrative code making such expenses a debt recoverable from the owner. The institution of any such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such expenses, and such action may, subject to jurisdictional limitations, be joined with the enforcement of any such other remedy or any other claim against the owner relating to the same premises.