(a) General. The Building 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 reasons specified as follows:
(1) STBBC violation. When a building is occupied, or any work, operation or construction is performed therein or thereon in violation of any of the provisions of STBBC.
(2) Unsafe or insanitary building. When the Building Official determines that the building is unsafe or insanitary.
(3) Noncompliance. When the owner, agent or tenant fails or refuses to comply with any lawful order issued by the Building 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 STBBC has resulted in an order by virtue of failure to comply within the time given, the Building Official may post on the premises or structure or parts thereof, or on defective equipment, a placard in accordance with the provisions of Section 1305.11.
(d) 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 Building Official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the Building Official shall cause it to be closed through any available public agency or by contract or arrangement by private persons. Costs incurred by the Building Official shall be paid by the Treasurer on his certification and the costs recovered in the manner provided by Section 1305.10(k).
(e) Prohibited Use. When any person, being the owner, agent or having control of a building, structure or dwelling unit fails to comply with an order of vacation issued by the Building 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 Section 1305.14(a), unless he can show by 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 detained 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 1305.99.
(f) Rescinding Order to Vacate. The Building 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.
(g) Vacant Building Structure Declared a Public Nuisance. Buildings which remain vacant and unoccupied for any appreciable period of time become an attractive nuisance to children, a harborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abode, and an increased fire hazard and the unkept grounds surrounding such property invite the dumping of garbage and rubbish thereon. Such buildings are permitted to become dilapidated since such buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to repair or raze the building; such buildings contribute to the growth of blight within the Village, depress market values of surrounding properties and require additional governmental services. The use and maintenance of property in such condition and manner endangers the public safety and health constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, is detrimental to the public good and to the common welfare, and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus may constitute a nuisance condition.
(h) Nuisance Condition Defined. A building within the Village shall be deemed a nuisance condition if:
(1) 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
(2) The building is unfit for occupancy as it fails to meet the minimum standards set out by Village 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 the St. Bernard Property Maintenance Code (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,
(3) The building has remained substantially in such condition for a period of at least nine months. When it is determined by the Building Official and the Fire Chief that a building constitutes an immediate hazard to the public health and safety, and after approval by Council the nine month waiting period set out in this section may be waived and the other procedures, as set out in this chapter, may be implemented immediately.
(i) Demolition of Nuisance Building. Vacant buildings or structures, determined to be a public nuisance by the Building Official may be demolished in accordance with procedures of Section 1305.15.
(Ord. 15-2011. Passed 3-17-11.)
(Ord. 15-2011. Passed 3-17-11.)