(A) Whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of ordinances, or of any rule or regulation adopted pursuant thereto or hereto, he shall give notice of the violation, as herein provided, to the person responsible therefor. 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 on the owner or his agent, or the occupant as the case may require; provided, the notice shall be deemed to be properly served on the owner, agent, or occupant if a copy thereof is sent by registered mail to his last known address; or if service is effected by any other method authorized under the laws of this state.
(B) Any person affected by any notice which has been issued in connection with the enforcement of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Housing Appeals, provided, that the person shall file in the office of the Building Commissioner 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. On receipt of the petition, the Board of Housing 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the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn.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. On application of the petitioner, the Board of Housing Appeals may postpone the date of the hearing for a reasonable time beyond the ten-day period, if in their judgment, the petitioner has submitted a good and sufficient reason for the postponement or continuance.
(C) After hearing, the Board of Housing Appeals shall sustain, modify, or withdraw the notice, depending on their findings as to whether the provisions of this chapter, and the rules and regulations adopted pursuant thereto have been complied with. If the Board of Housing Appeals sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to division (A)(4) above shall automatically become an order if a written petition for hearing is not filed in the office of the Building Commissioner within ten days after the notice is served.
(D) Proceedings at the hearing, including findings and the decision of the Board of Housing Appeals, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the 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 Housing Appeals may seek relief therefrom in an court of competent jurisdiction, as provided by the laws of the state.
(E) Whenever the Building Commissioner finds an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of an emergency and requiring that action be taken as is reasonably necessary to meet the emergency. Notwithstanding the other provisions of this section, the orders shall be effective immediately, on being served, as provided in division (A)(4) above. Any person to whom the order is directed shall comply therewith immediately, but on petition to the Board of Housing Appeals, shall be afforded a hearing as soon as possible. After the hearing, depending on the findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto, have been complied with, the Board of Housing Appeals shall continue the order in effect, modify it, or revoke it.
(F) The designation of dwellings or dwelling units unfit for human habitation and the procedure for the condemnation and placarding of unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
(1) Any dwelling or dwelling unit 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:
(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 to the public;
(b) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health and 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 Building Commissioner, shall be vacated within a reasonable time as ordered by the Building Commissioner.
(3) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from, and the placard is removed by, the Building Commissioner. The Building Commissioner shall remove the placard whenever the defects on 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, except as provided by division (F)(3) above.
(5) Any person affected by any notice or other relating to the condemning any placarding of the dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Housing Appeals.
(Ord. 2-1991, passed 2-4-91)