[HISTORY: Adopted by the City Council of
the City of Lexington 5-15-1985 by Ord. No. 1985-2 (Ch. 15, § 15.19,
of the 1998 Code). Amendments noted where applicable.]
A.
The designation of dwellings or dwelling units as
unfit for human habitation and the procedure for the condemnation,
placarding and demolition of such unfit dwellings or dwelling units
shall be carried out in compliance with the following requirements.
B.
Any dwelling or dwelling unit which shall be found
by the City Council to have any of the following defects shall be
condemned as unfit for human habitation and shall be so designated
and placarded by the City:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public or where such facilities or protection is not in
working condition.
(3)
One which because of its general condition or location
is unsanitary, unsafe or otherwise hazardous to the health or safety
of the occupants or of the public.
Any dwelling or dwelling unit condemned as unfit
for human habitation and so designated and placarded by the City shall
be vacated within a reasonable time, not to exceed 60 days, as ordered
by the City Mayor.
No dwelling or dwelling unit which has been
condemned and placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from,
and the placard is removed by, the City Mayor. The Mayor shall remove
such placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such except as provided in § 49-3.
Any person affected by any notice or order relating
to the condemnation and placarding of a dwelling or dwelling unit
as unfit for human habitation may request and shall be granted a hearing
before the City Council on the matter within 10 days after the date
of such order and placarding.
Where a dwelling or dwelling unit is condemned
and placarded as unfit for human habitation and is not vacated within
the time specified in such vacation order, the City Mayor shall seek
a court order in a court of competent jurisdiction for the vacation
of such dwelling or dwelling unit.
A dwelling which is subject to condemnation
and placarding as unfit for human habitation may be ordered demolished
by the City Mayor if it is determined by the Code Compliance Officer
that such defects upon which the condemnation order is based cannot
be economically remedied. Demolition according to requirements listed
below may be required of the owner within a reasonable period of time,
said period of time to be not less than 30 days after notice is served
on said owner. Such demolition shall have the effect of fulfilling
the requirements of removing defects if the dwelling structure is
razed to ground level and any subsurface area is filled with solid
materials to ground level.[2]
