(a) Generally. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this Code.
(1) Unsafe structure. An unsafe structure is one that is found to be dangerous to life, or the health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect the public or the occupants or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that it creates a safety hazard.
(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, or the health, property or safety of the public or occupants of the premises or structure.
(3) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or which was erected, altered or occupied contrary to law.
(b) Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and/or occupancy, 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.
(1) Parking. Except to the extent the premises has received special use approval as a parking lot under the Zoning Code, all vehicular entrances onto the premises shall be chained and locked so as to prohibit vehicles from driving onto, parking upon or occupying the premises.
(2) Storage. With the same exception for special use approval as a parking lot, no vehicles of any type nor any portable or movable object may be stored on the premises except within a completely enclosed structure.
(3) Method of closure. If a building remains vacant for a period of twelve months, the doors and windows of the building shall be closed by durable means such as plywood, which shall be painted the same color as the building so as not to be obtrusive.
(4) Service stations. If an automobile service station has been inoperative for twelve months, the following items shall be removed from the premises immediately: gasoline pumps, air pumps, signs referring to products or services formerly dispensed through the station or to the name or identification of the station or its owner or operator, raised concrete islands and all other structures and improvements (except the building itself) which project above ground level and related to or were used in the operation of the automobile service station.
(5) Failure to comply. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official may cause the premises to be closed 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 such real estate.
(c) Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1482.23(c). The notice shall be in the form prescribed in Section 1482.23(b).
(d) Placarding. Upon failure of the owner or person responsible for complying with the notice provisions within the time given, the Code Official shall post on the premises or on the 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.
(e) Prohibited Occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this Code.
(f) Removal of Placards. 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. 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 Code.
(Ord. 00-03. Passed 5-15-00.)