(A) If A structure or premises is unsafe, unfit for human habitation and occupancy, dangerous or unlawful, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the structure within the time specified in the order, the Code Official shall cause the structure to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located, and shall be a lien upon that real estate and may be collected by any other legal resource.
(B) Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this chapter, and the referenced codes and standards set forth in § 158.125 of this chapter, in case of emergency where necessary to eliminate an immediate hazard to life or property, or when the structure is vacant or abandoned, or when the utility connection has been made without approval. The Code Official shall notify the serving utility and, whenever possible, the owner, operator, or occupant of the building, structure, or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, operator, or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
(C) Demolition of vacant and abandoned structures. Any structure that has been vacant or abandoned for a period of more than three years, and is in a state of deterioration to the point that it becomes a blighting issue or safety hazard, may be removed after a hearing before the Board.
(D) Notice. Whenever the Cod e Official has condemned a structure, premises or equipment under the provisions of this chapter, notice shall be posted in a conspicuous place in or about the structure or premises affected by the notice, and served on the owner, operator, occupant and/or the person or persons responsible for the structure, premises or equipment in accordance with § 158.008 of this chapter. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 158.008 of this chapter.
(E) Placarding.
(1) General. Upon failure of the owner, operator, occupant and/or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the structure or premises or on defective equipment a placard bearing the word “condemned” and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
(2) Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated or corrected. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this chapter.
(F) Prohibited occupancy. It shall be unlawful for any person to occupy for any length of time a structure or premises that has been condemned and placarded by the Code Official. Any occupied structure or premises condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded structure or premises or shall operate placarded equipment, and any owner, operator, and/or any person responsible for the premises who shall let anyone occupy a placarded structure or premises or operate placarded equipment, shall be liable for the penalties provided by this chapter.
(G) Abatement methods. The owner, operator, or occupant of a building, premises or equipment deemed unsafe by the Code Official shall abate, or cause to be abated or corrected, the unsafe conditions, either by repair, rehabilitation, demolition, or other approved corrective action.
(H) Record. The Board shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(Ord. 023-013, passed 4-10-2023; Ord. 023-060, passed 11-13-2023) Penalty, see § 158.998