(A) Action to condemn. Whenever an enforcement officer finds that any dwelling unit or residential structure constitutes a hazard to the health, safety or welfare of the occupants or to the public because of violations of any provision of the this code or any statute, rule or regulation of any governmental agency but which structure does not constitute a dangerous structure, in addition to invoking any other civil or criminal penalties for which provision is made in this code or any other statute, rule or regulation of any governmental body, the officer may take action to condemn the unit or structure as being unfit for human habitation. A material endangerment violation set forth in division (F) may be grounds for declaring a structure unfit for human habitation.
(B) Placard as unfit for human habitation. Any residential structure or unit ordered vacated or condemned as unfit for human habitation shall be posted with a placard by the enforcement officer. The placard shall include the following:
(1) Name of city;
(2) Name of the authorized department having jurisdiction;
(3) Chapter and section of the ordinance under which it is issued;
(4) Date on which the residential structure or unit must be vacated;
(5) Statement that the residential structure or unit, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn;
(6) Date that the placard is posted; and
(7) Statement of the penalty for defacing or unauthorized removal of the placard.
(C) Defacement and unauthorized removal of placard. No person shall deface or remove the placard from any structure which has been condemned and placarded as unfit for human habitation. The placard may be removed only by or at the direction of the enforcement officer. Defacement of a placard or unauthorized removal of a placard shall be a misdemeanor punishable in accordance with § 10.99.
(D) Service of notice. The enforcement officer shall serve a written notice upon the owner of the premises informing the owner of the requirement to vacate the residential structure or unit within 24 hours of posting the placard. Service of the notice shall be by delivery to the owner personally or by leaving the notice at the owner's usual place of abode or with a person of suitable age and discretion or by depositing in the U.S. Post Office the notice, addressed to the owner at the last known address with postage prepaid.
(E) Vacation of structure or unit.
(1) Any residential structure or residential unit which has been condemned or placarded as unfit for human habitation shall be vacated within the time set forth in the placard and/or order. No person shall occupy or let for occupancy any dwelling unit which is condemned as unfit for human habitation.
(2) For the purpose of this section, OCCUPANCY shall be defined as any physical acts of possession, including dwelling, living, eating, sleeping, residing or conducting household affairs in a structure as a domicile or residence, primary or otherwise.
(F) Material endangerment violations. The following violations may constitute material endangerment if in combination or alone the conditions are substantial and expose the occupants or the public to danger or peril:
(1) Lacking maintenance; dilapidation. Whenever the structure or any portion thereof, because of dilapidation, deterioration or decay, faulty construction, the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, the deterioration, decay or inadequacy of its foundation or any other cause, is likely to partially or completely collapse or whenever any portion or member or appurtenance thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property or whenever the building has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children, become a harborage for rodents, insects and vermin, become a harbor for vagrants or criminals or enable persons to resort thereto for the purpose of committing unlawful acts;
(2) Fire hazard. Whenever the structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits or access to exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause, is determined by the enforcement officer to be a fire hazard;
(3) Unsanitary conditions. Whenever the residential structure, structure or dwelling unit, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, unclean fixtures, accumulation of garbage, refuse or combustibles or otherwise, is determined by the enforcement officer to be unsanitary, unfit for human habitation or in such an unsound condition that it is likely to cause or harbor sickness or disease;
(4) Insect, rodent or other pests. Whenever the residential structure or dwelling unit has a substantial or severe insect, rodent or other pest infestation, rodent burrows, open sewage systems or lacks approved rodent-proofing of the structure;
(5) Lack of basic facilities. Whenever the residential structure or structure lacks water, hot water, approved electrical, heating or sewage disposal systems or where the existing systems are unsafe for continued operation; and
(6) Violations of other requirements. Whenever any residential structure or structure or any part thereof is:
(a) Constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such residential structure or structure provided by the State Building Code; or
(b) Is erected, altered or occupied contrary to law.
(G) Dangerous conditions. Whenever, in the opinion of the enforcement officer, any condition exists which is so dangerous to the safety or health of the occupants or the public as to justify condemnation of the residential structure or structure as unfit for human habitation, such structure shall be deemed an unlawful structure and the enforcement officer may cause such dwelling to be vacated.
(Ord. 962, passed 4-12-04) Penalty, see § 10.99