Any dwelling or dwelling unit which shall be
found to have any of the following defects shall be condemned as unfit
for human habitation and shall be so designated and placarded by the
Building Official:
A. 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 public.
B. One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
C. One which, because of its general condition or location,
is unsanitary, or otherwise dangerous, 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 Building
Official, shall be vacated within a reasonable time as ordered by
the Building Official.
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 such placard is removed by, the Building Official. The Building
Official 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 §
288-55.
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Building Official, under the procedure set forth in Article
VIII of this chapter.
The owner of any dwelling which has been found
by the Building Official to be unfit for human habitation in accordance
with the provisions of this article shall not sell, transfer, mortgage,
lease or otherwise dispose thereof until the conditions causing the
dwelling to be unfit for human habitation have been corrected or until
such owner has furnished the intended grantee, mortgagee or lessee
a true copy of the order or notice and has notified the Building Official
in writing of his intent to transfer, sell, mortgage, lease or otherwise
dispose of such dwelling. A transferee, mortgagee or lessee who has
received actual notice or constructive notice shall be bound by such
order or notice on the date of such transfer, mortgage or lease without
service of further notice upon him/her by the Building Official.