1323.09   UNSAFE STRUCTURES AND EQUIPMENT.
   (a)   General. When a structure or equipment is found by the Building Inspector 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 structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure because such structure is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely.
      (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 the life, 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 Building Inspector finds that such structure is unsafe, unlawful or, either because of the degree to which the structure is in disrepair or lacks maintenance or because of the location of the structure, constitutes a hazard to the occupants of the structure or to the public.
      (4)   Unlawful structures. An unlawful structure is one found in whole or in part to be erected or altered contrary to law.
   (b)   Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Building Inspector 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 premises within the time specified in the order, the Building Inspector shall 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 Building Inspector 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 1323.13(c). The notice shall be in the form prescribed in Section 1323.13(b).
   (d)   Placarding. Upon failure of the owner or responsible person to comply with the notice provisions within the time given, the Building Inspector 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 Placard. The Building Inspector 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 Building Inspector shall be subject to the penalties provided by this Code.
(Ord. 4658. Passed 8-17-98; Ord. 5860-20. Passed 9-8-20.)