(a) General. When a structure or part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found to be unfit for human occupancy or use, or is found to be unlawful, it may be condemned pursuant to the provisions of Norwood Property Maintenance Code (NPMC) and may be placarded and vacated. It shall not be re-occupied without approval of the Code Official. Unsafe equipment shall be placarded and placed out of service.
(b) Unsafe Structure. An "unsafe structure" means one in which all or part thereof is found by the Code Official to be dangerous to life, health, property or safety of the public or its occupants because it is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it is likely to partially or completely collapse.
A vacant building, which is unguarded or which is open at door or window, shall be deemed a fire hazard and unsafe within the meaning of NPMC.
(c) Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found by the Code Official to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment on the premises or within the structure may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.
(d) Structure Unfit for Human Occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, is vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by NPMC, or because its location constitutes a hazard to its occupants or to the public.
(e) Unlawful Structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under NPMC, or was erected, altered or occupied contrary to law.
(f) Closing of Vacant Structure. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Official may post a placard of condemnation on the premises and may order the structure closed up in accordance with the requirements of Section 1331.13
(d) .
(g) Notice of Condemnation. Whenever the Code Official has condemned any building, structure or equipment, notice shall be given to the owner or the person or persons responsible in the manner prescribed in Section 1331.09
(b). The Code Official shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service.
(h) Placarding of Condemned Structure. In every case, the Code Official shall placard the condemned structure or premises in accordance with the procedures of Section 1331.10
.
(i) Disregard of Condemnation Notice. Upon refusal or neglect of the person served with a condemnation notice to comply with the requirements of the order to abate the unsafe, unsanitary or unlawful condition, the Code Official shall proceed with appropriate legal action in accordance with Section 1331.09
(e).
(Ord. 72-1983. Passed 11-22-83.)