[1]
Editor's Note: Former Art. IV, Structural Requirements, was repealed 11-19-2020 by Ord. No. 2020-005. Pursuant to said ordinance, former Art. IX was redesignated as this Art. IV.
Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit having any of the defects found in the Subdivisions herein may be designated by the Code Enforcement Officer as unfit for human habitation and may be so placarded:
A. 
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
B. 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
C. 
The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
[Amended 11-19-2020 by Ord. No. 2020-005]
Whenever the Code Enforcement Officer determines that a dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit is unfit for human habitation as provided in § 748-29, he shall include such findings within the violation order provided for in § 748-14 of this chapter, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit if compliance with the provision of the order has not been secured.
[Amended 11-19-2020 by Ord. No. 2020-005]
Whenever an order with the notice of intent to vacate as provided in § 748-30 of this chapter has not been complied with or where procedures under § 748-20 this chapter have not been invoked, or if the Code Enforcement Officer, with the concurrence of either the Health Officer or Fire Chief determines that an immediate and serious threat to health and safety exists, the Code Enforcement Officer may order the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit to be vacated. A copy of such order to vacate shall be served on the owner agent, operator and the occupant as provided in § 748-14 of this chapter.
A. 
Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 748-29 and ordered vacated as provided in § 748-31 shall be vacated within such reasonable time as the Code Enforcement Officer may specify in the order.
[Amended 11-19-2020 by Ord. No. 2020-005]
B. 
No such dwelling, dwelling unit, rooming house, rooming unit, lodging house or lodging unit shall again be used for human habitation and the placard removed until written approval is secured from the Code Enforcement Officer.
[Amended 11-19-2020 by Ord. No. 2020-005]
No person shall deface nor remove the placard from any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 748-32.
The owner, agent or operator of any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit safe and secure in whatever manner the Code Enforcement Officer shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
[Amended 11-19-2020 by Ord. No. 2020-005]
Whenever the Code Enforcement Officer designates a building unit for human habitation as provided in this chapter and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the violation order provided for in § 748-14 of this chapter a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, land contract vendor or vendee, occupant, lessee or mortgagee in the manner provided in § 748-14 of this chapter. The owner may demolish such structure as provided in § 748-37 of this chapter or correct the violation regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.
[Amended 11-19-2020 by Ord. No. 2020-005]
Whenever a violation order with intent to demolish notice as provided in § 748-35 of this chapter has not been complied with, the Code Enforcement Officer may order the building demolished. Such order shall be served in the manner provided in § 748-14 of this chapter and demolition shall be completed within the time specified by the Code Enforcement Officer.
A. 
Whenever a notice or order to remove a violation, secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Code Enforcement Officer to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, vacated or take such other action as is necessary to abate the nuisance.
B. 
Whenever the Code Enforcement Officer determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, land contract vendor or vendee, occupant, lessee or mortgagee shall be notified of such finding in the manner provided in § 748-14 of this chapter. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
[Amended 11-19-2020 by Ord. No. 2020-005]
[Amended 11-19-2020 by Ord. No. 2020-005]
A. 
The expenses incurred pursuant to § 748-37 of this chapter, together with a charge of 50% thereof in addition thereto as compensation to the City for administering, supervising and handling, shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter.
B. 
The Code Enforcement Officer shall file among his records and with the City Clerk/Treasurer an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by § 748-37 of this chapter. The Code Enforcement Officer may institute a suit to recover such expenses; additionally, such charges shall become a lien on the property and shall be enforced and collected in the same manner as provided by law for the collection of real property taxes in the City of Canandaigua.