(a) Dwelling Units Subject to Condemnation. The Enforcing Official shall condemn and placard as unfit for human habitation any dwellings, dwelling units or premises including accessory buildings which have any of the following defects:
(1) Those which have become so damaged, dilapidated, decayed, unsanitary, unsafe or vermin infested, or which so utterly fails to provide the amenities essential to decent living that they are unfit for human habitation or use, or are so likely to cause sickness or disease that their condition constitutes a serious hazard to the health, morals, safety or general welfare of the occupants or other residents of the City;
(2) Those having light, air, ventilation and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein or of the general public;
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or have insufficient strength to be reasonably safe for the purpose used;
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or other residents of the City;
(5) Those having inadequate facilities for ingress and egress in case of fire, panic or other emergencies, or those having insufficient stairways, elevators, fire escapes or other means of communication;
(6) Those which have parts thereof which are so attached that such parts may fall and injure occupants, other residents or other property;
(7) Those whose interior walls or other vertical structural members list, lean or buckle to such extent that the safety of the occupants may be endangered;
(8) Those which, exclusive of the foundation, show thirty three percent (33%) or more of damage or deterioration of the nonsupporting members, or fifty percent (50%) of damage or deterioration of the nonsupporting enclosure or outside walls or covering.
(b) Vacating Unit. Any dwelling or dwelling unit condemned and placarded as "Unfit for Human Habitation" shall be vacated within a reasonable time as ordered by the Enforcing Official. It shall be the responsibility of the occupant or tenant to vacate within the time limit ordered by the Enforcing Official. It shall also be the responsibility of the owner or operator to see to it that the order to vacate the premises is complied with by the occupant or tenant.
(c) Reoccupancy Regulations. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for habitation until written approval is secured from, and the placard is removed by the Enforcing Official. The Enforcing Official shall remove the placard when the defects upon which the condemnation and placarding action were based have been eliminated.
(d) Removal of Placard. 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 in subsection (c) hereof.
(e) Requesting Hearing. Any person affected by any notice of an alleged violation under Section 1309.06
may request and shall be granted a hearing before the Board of Housing Appeals, provided the request for such hearing is made within the number of days specified in the notice.
The proceedings at such hearing, including the findings and decisions of the Board, are to be summarized, reduced to writing and entered as a matter of public record in the office of the Director of Environmental Health. Such 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 may seek relief therefrom in any court of competent jurisdiction.
(f) Demolition of Dwelling Unit. If the Board of Housing Appeals determines that the structure cannot be improved, or the owner of such structure has failed or refused to improve the structure as previously ordered by the Director of Public Service, the Director Environmental Health and/or their agent or the Board of Housing Appeals so as to comply with the provisions of this Chapter and that the same is unsafe, the Board may order and direct the owners to demolish such structure as a hazard. In the event the owners fail to comply with such order, the Board may order the demolition of such structure and shall certify the cost and expense of demolition as set forth herein to the Clerk of the legislative authority who may then certify the total cost, together with the proper description of the land, to the County Auditor who shall place the costs upon the tax duplicate with such costs being a lien upon such lands from and after the date of entry.
(Ord. 210119-02. Passed 1-19-21.)