Where a notice of violation and order to comply has been served as provided for in § 151.158(A) and upon reinspection at the end of the time specified for compliance it is found that the violation or violations have not been corrected and if no appeal before the Housing Board of Appeals is pending, the Inspector may declare the dwelling structure unfit for human habitation and on that basis declare the structure condemned and may order the building affected by the continued violations vacated in accordance with the following procedures.
(A) A building or part thereof shall be vacated within a reasonable time set by the Inspector, which in no event shall exceed 30 days.
(B) A condemned building shall have posted at each entrance a sign which reads:
CONDEMNED. DO NOT ENTER, UNSAFE TO OCCUPY! |
(C) (1) A condemned vacated building or part thereof shall not again be used for human habitation until all violations have been corrected and a written determination is obtained from the Inspector indicating that the building is in substantial compliance with this chapter.
(2) (a) When the Chief Inspector determines special circumstances which make the strict application of this division (C)(2) impractical, the Chief Inspector may, as he or she deems to be most appropriate under the circumstances, grant additional time for compliance or allow temporary occupancy of the premises.
(b) Such actions shall contain a specific time period for compliance and shall be entered in the files of the Inspection Division and shall not constitute a waiver of any of the provisions or requirements of this chapter nor compromise or preclude resort by the Inspector to any enforcement right or remedy provided by this chapter or other laws or ordinances.
(D) If a building or part thereof is not vacated within the time specified in the vacation order, the Inspector may seek an order to vacate from a court of competent jurisdiction notwithstanding the fact that such violation may also be punishable by fine or imprisonment as otherwise provided in this chapter.
(Prior Code, § 151.135) (Ord. D-1595, passed 7-31-1989, effective 9-1-1989; Ord. D-1647, passed 11-18-1991, effective 12-9-1991)