A. Public Nuisance. Any structure which, in the opinion of the Director or the Fire Chief, is dangerous to life, health or property because it does not provide minimum safeguards to protect or warn occupants in the event of fire, or contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely, is a public nuisance.
B. Unsafe or Unfit Structures. A structure is unfit for human habitation and occupancy, whenever the Director determines that it is unsafe, unlawful or that, because of the degree to which the structure is in disrepair or lacks maintenance, it 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 such structure constitutes a hazard to the occupants of the structure or to the public.
C. Unsafe Equipment. Unsafe equipment includes any boiler, heating, cooling, or ventilation 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, health, property or safety of the public or occupants of the premises or structure.
D. Notice of Unsafe or Unfit Structures or Unsafe Equipment. The Director shall order the owner of any structure or equipment which, in whole or part, is so old, or has become so out of repair as to constitute a public nuisance as being dangerous, unsafe, unsanitary or otherwise unfit for use or human habitation or occupancy, and such that is unreasonable to repair the structure, to raze and remove such structure or to remove such equipment, or if such structure or equipment is capable of being made safe by repairs, to repair and make safe and sanitary or to vacate the structure and to raze, and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure. If the structure is vacant and unfit for human habitation or occupancy, but is not in danger of collapse, the Director is authorized to order that the structure be boarded up so as not to be an attractive nuisance.
E. Emergency Action. When, in the opinion of the Director or Fire Chief there is imminent danger of failure or collapse of a structure, addition to or equipment of such structure which endangers life, or when any structure or addition has fallen and life is endangered by occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure, or with the operation of defective or dangerous equipment, the Director is authorized to order and require the occupants to vacate the premises.
F. Notices. Whenever the Director has determined that a structure or equipment is unsafe or unfit under the provisions of this section, a notice shall be served on the owner or the person or persons responsible. The notice shall be in the form and manner prescribed by law.
G. Posting Notice on Buildings. The Director shall post on the premises or on defective equipment, a placard bearing a statement that the building or equipment is unsafe, along with a statement of the penalties provided by this code for occupying the premises, operating the equipment or removing the placard.
H. Failure to Comply. If the owner of the premises fails to comply with a repair, demolition, and/or removal order, or an order to board up and secure a structure to eliminate an attractive nuisance, the Director shall cause corrective measures to be taken by any available public agency or private persons and the cost of such corrective measures shall be a lien against the real estate upon which the structure is located, which lien shall be perfected in the manner provided by law.
(Prior code § 23.52)