Whenever the Housing Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in this article. A copy of this notice of violation shall also be given to the Department of Planning, Zoning and Community Development to be filed among their records. Notices for demolition procedures shall comply with §
160-20.
Such notice prescribed in §
160-13 shall:
B. Include a description of the real estate sufficient for
identification;
C. Include a statement of the reason(s) why the notice is
being issued, including a brief and concise description of the conditions
the Housing Official found to have been in violation, and a citation to the
applicable section of this chapter and, if applicable, the reasons for declaring
an emergency situation;
D. Include a reasonable time after service of the notice
and order in which time the repairs and improvements required to bring the
premises into compliance with this Code shall be effected.
E. Include a statement of the action required to be taken.
(1) If the Housing Official has determined that the building
or structure must be repaired, the order shall require that all required permits
be secured and the work physically started within a specified time, not to
exceed 30 days from the date of the order. The Housing Official may require
the work be completed within such time as he may determine is reasonable under
all the circumstances and may include the compliance date in the original
notice. If no compliance date is provided in the original notice, the Housing
Official shall supplement notice, in writing to the individual to whom initial
notice was given, of the required compliance date when one has been determined.
(2) If the Housing Official has determined that the building
or structure must be vacated, the order shall require that the building or
structure shall be vacated within a specified time from the date of the order
as determined by the Housing Official to be reasonable.
(3) If the Housing Official has determined that the building
or structure must be demolished, the order shall require that the building
be vacated within such time as the Housing Official shall determine is reasonable.
All permits which must be obtained by the owner in order to comply with the
order of the Housing Official must be secured within 30 days from the date
of the order and the demolition must be completed within such time as the
Housing Official shall determine is reasonable.
F. Include statements advising that in the event of failure,
neglect or refusal to comply with the notice, the Housing Official, after
having ascertained the cost, may abate the violation or require the property
to remain vacant. The cost or expense of abating the violation shall be assessed
as a lien on the property and shall be entered on the tax records kept by
the Department of Finance and shall be collectible in the same manner as taxes
on real estate.
G. Include a statement advising that any person having any
record title or legal interest in the building may appeal from the notice
and/or order or any action of the Housing Official to the Board of Appeals,
provided that the appeal is made in writing as provided in this Code and filed
with the Housing Official within 10 days from the date of service of such
notice and/or order, and that failure to appeal will constitute a waiver of
all rights to an administrative hearing and determination of the matter.
[Amended 7-6-2004 by Bill No. 2004-6]
Following the expiration of the period of time provided in the notice, the Housing Official may reinspect, within the constraints of §
160-8, the premises described in the notice to ensure compliance.
The standards listed below shall be followed by the Housing Official
in ordering the repair, vacancy or demolition of any dangerous building or
structure.
A. Order to repair. If the building or structure reasonably
can be repaired so that the dangerous condition will no longer exist, it shall
be ordered to be repaired.
B. Order to vacate. Whenever the Housing Official finds that any dwelling or multiple-family dwelling, or other structure or area constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance, is in disrepair, unsanitary, vermin-infested or rodent-infested or because it lacks the sanitary facilities or equipment or otherwise fails to comply with the minimum provision of this chapter, but has not yet reached such state of complete disrepair as to be condemned as a dangerous structure, as defined in Article
VII, he may declare such dwelling structure or area or multiple-family dwelling as unfit for human habitation and order it to be vacated and restored to a healthful condition. It shall be unlawful to again occupy such building until it has been made to conform to the law and written approval granted by the Housing Official.
C. Order to demolish. The Housing Official shall order the
owner of any premises upon which is located any structure which is so dilapidated,
so out of repair as to be dangerous, has been designated unfit for human habitation,
unsafe, unsanitary, has been vacated, and has not been put into proper repair
after given sufficient notice to repair, to raze and remove the structure
in its entirety.