Any dwelling or dwelling unit which shall be
found by the Director of Zoning and Code Enforcement to have any of
the following defects shall be condemned as unfit for continued occupancy
and human habitation and shall be so designated and placarded by the
Director:
A. One which, according to the provisions of §§
247-64 to
247-89, is so lacking in sanitation, heating, lighting or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.
B. One which, according to the provisions of §§
247-90 to
247-98, and which, because of its general condition, number of occupants or location, is so insanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.
C. One which, according to the provisions of §§
247-99 to
247-106, is so decayed, damaged, dilapidated, insanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.
Any rooming house or rooming unit which shall be found by the Director of Zoning and Code Enforcement to be in violation of any provision of §§
247-121 to
247-142, which violation creates a serious hazard to the health or safety of the occupants or of the public, shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the Director in accordance with the provisions of §§
247-51 to
247-57.
Whenever the Director of Zoning and Code Enforcement determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in §
247-21 a statement of his or her intent to condemn and placard the dwelling, dwelling unit, rooming house or rooming unit as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in §
247-21.
Whenever a notice of violation, as provided for in §
247-52, has not been complied with, the Director of Zoning and Code Enforcement may include within the compliance order a finding to the effect that the dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in §
247-23, and service shall be made at least 10 days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the Housing Board of Review in the manner provided for in §§
247-37 to
247-49.
Any dwelling, dwelling unit, rooming house or
rooming unit condemned as unfit for continued occupancy shall be so
designated and placarded and shall be vacated within such reasonable
time as the Director of Zoning and Code Enforcement may specify in
the compliance order.
No dwelling, dwelling unit, rooming house or
rooming unit which has been condemned and placarded as unfit for continued
occupancy shall again be used for habitation until written approval
therefor and for removal of the placard is secured from the Director
of Zoning and Code Enforcement.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in §
247-55.
Whenever a notice of violation provided for in §
247-58 has not been complied with, the Director of Zoning and Code Enforcement may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in §
247-23, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the City once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the Housing Board of Review in the manner provided for in §§
247-37 to
247-49.
Whenever a compliance order to repair, alter
or secure a dwelling found by the Director of Zoning and Code Enforcement
to be unfit for human habitation and continued occupancy has not been
complied with, the Director of Zoning and Code Enforcement may, at
the expense of the person responsible for alleviating the violation,
take such direct action as is necessary to alleviate the violation,
if the cost of such action is reasonably related to the value of dwelling.
For the purposes of this section, any repair, alteration or securing
that is determined by the Director of Zoning and Code Enforcement
to cost 50% or less of the assessed valuation of the dwelling shall
be deemed to be reasonable. The power of the Director of Zoning and
Code Enforcement to repair or alter shall be limited to the alleviation
of conditions which affect occupied dwellings or dwelling units.
Whenever a compliance order issued pursuant to the provisions of §
247-59 providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the Director of Zoning and Code Enforcement to be more than 50% of the assessed valuation of the dwelling, the Director of Zoning and Code Enforcement may demolish the dwelling at the expense of the owner.
Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the Director of Zoning and Code Enforcement has taken direct action pursuant to the provisions of §§
247-60 or
247-61, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the Director of Zoning and Code Enforcement, he or she may sell the materials of such dwelling, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.
Notwithstanding the other provisions of this
article, no dwelling shall be required to be vacated or demolished
by the Director of Zoning and Code Enforcement under the powers granted
to him or her by the provisions of this chapter until persons occupying
the dwelling at the time the compliance order is issued have been
offered housing accommodations in a decent, safe and sanitary dwelling
which meet the requirements of this chapter.