1331.13 VACATIONS.

   (a)    General. The Code Official shall be authorized to order any building or portion of any building vacated, or if it is vacant to remain vacated for any of the reason specified as follows:

        (1)    NPMC violations. When a building is occupied, or any work, operation or construction is performed therein or thereon in violation of any of the provisions of Norwood Property Maintenance Code (NPMC).

      (2)    Unsafe or unsanitary building. When the Code Official determines that the building is unsafe or unsanitary.

      (3)    Noncompliance. When the owner, agent, or tenant fails or refuses to comply with any lawful order to vacate issued by the Code Official.

   (b)    Notices to Vacate. Every order to vacate shall be in writing and shall be served upon the owner, agent or tenant, stating the reason for the order to vacate and directing that the building or portion of the building, if it is occupied, be vacated by a specified time.

   (c)    Placarding of Structure. After the notice to vacate required under the provisions of NPMC has resulted in an order by virtue of failure to comply within the time given, the Code Official may post in conspicuous places on the building, structure or premises or parts thereof, or on defective equipment, a placard in accordance with the provisions of Section 1331.10 .

   (d)   Prohibited Use. When the owner, agent, tenant, occupant or person having control of a building, structure or dwelling unit, fails to comply with an order of vacation issued by the Code Official and either occupies or allows the building, structure or dwelling unit to be occupied by persons other than himself, such person shall be in violation of subsection (a)(3) hereof unless he can show by a preponderance of the evidence that the property is being occupied without his knowledge or consent. Proper service of an eviction notice or the good faith maintenance of forcible entry and detainer proceedings against occupants shall be prima-facie evidence of lack of knowledge and consent.

   Any person who occupies a placarded premises or structure or part thereof, or uses placarded equipment, and any owner or any person responsible for the premises who lets anyone occupy a placarded premises shall be liable for the penalties provided by Section 1331.99.

   (e)    Rescinding Order to Vacate. The Code Official shall rescind the order to vacate and remove the placard whenever the defect or defects upon which the vacating and placarding action were based have been eliminated.

   (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. Upon failure of the owner to close up the premises within the time specified in the order the Code Official shall cause it to be closed through any available public agency or by contract or arrangement by private persons. Costs incurred by the Code Official in taking this action shall be paid by the City Treasurer on his certification and the costs recovered in the manner provided by Section 1331.09 (i).

   (g)    Vacant Building or Structure Declared a Public Nuisance.

      (1)    Nuisance condition defined. A building within the City shall be deemed a nuisance condition if:

         A.    It is vacant and unoccupied for the purpose for which it was erected and for which purpose a certificate of occupancy may have been issued, and

         B.    The building is unfit for occupancy as it fails to meet the minimum standards set out by City ordinances before a certificate of occupancy can be granted, or is unfit for human habitation because it fails to meet the minimum standards set out in NPMC, or the doors, windows and other openings into the building are boarded up or otherwise secured by a means other than the conventional methods used in the original construction and design of the building, and
(Ord. 72-1983. Passed 11-22-83.)

         C.    The building has remained substantially in such condition for a period of at least nine months. When it is determined by the Code Official that an emergency exists such that a building constitutes an immediate hazard to the public health and safety, after approval by Council, the nine months waiting period set out in this section may be waived and other procedures, as set out in this chapter, may be implemented immediately.
(Ord. 71-1999. Passed 12-28-99.)

      (2)    Demolition of nuisance building. Vacant buildings or structures, determined to be a public nuisance by the Code Official may be demolished in accordance with the procedures of Section 1331.14.

         (Ord. 72-1983. Passed 11-22-83.)