[Ord. No. 1329, § 12; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
The public officer, on his own or upon the filing of a petition
by at least five residents charging that a dwelling is unfit for human
habitation or use, shall make an inspection on any dwelling believed
to be unfit for human habitation or use, and shall make preliminary
finding in accordance with the standards provided herein whether or
not the premises are unfit for human habitation or use. If so, he
shall, thereupon, serve a notice upon the owner, operator and occupant
advising all such parties of the results of his inspection and the
basis for his determination and setting a date for hearing not less
than seven days nor more than 30 days from the date of service. However,
where the public officer makes a preliminary finding that the conditions
on the premises constitute an immediate substantial threat to the
safety or health of occupants or persons in proximity to the premises,
he may order and direct that the premises be vacated immediately and
that the signs or notice be posted prohibiting occupancy thereof and
that the premises be locked and boarded up as provided in this code.
[Ord. No. 1329, § 13]
In making a determination of whether a dwelling is unfit for
human habitation or use, the public officer shall determine whether,
by reason of violations of this code existing in the dwelling or on
the premises, the continued occupancy of the building will not endanger
and jeopardize the health and safety of the occupants or persons in
the vicinity of the premises and to the end that he may consider,
among other factors:
(a) Whether the premises are so structurally defective that there is
a risk of collapse or of loose materials falling and injuring persons
in and around the dwelling; or
(b) Whether, by reason of inadequate ventilation, there is a danger of
communicable diseases being contracted and spread in among the occupants
or persons in the vicinity of the premises; or
(c) Whether, by reason of infestation or defective condition of plumbing,
or the lack of maintenance of halls, floors, walls, or other parts
of the premises, conditions exist which are conducive to the contracting
and spreading of diseases; or
(d) Whether, by reason of electrical wiring, conduits or equipment, heating
or cooking facilities, or lack of proper means of egress, there is
a danger of fire or, in case of fire, inadequate means of egress;
or
(e) Whether premises are deficient in one or more essential utilities,
including public sewer, water supply or electricity; or
(f) Where premises were not designed or constructed for human habitation
whether, by reason of same, occupancy constitutes an unnecessary hazard
of safety or health.
[Ord. No. 1329, § 13]
After the holding of the hearing as prescribed in this code,
the public officer shall make a determination as to whether the dwelling
is unfit for human habitation or use and thereupon he shall make an
order based on an evaluation of health and safety factors in the use
of the premises as follows:
(a) That the occupancy of all or part of the dwelling be permitted for
a limited period of time not to exceed 30 days, upon condition that
all violations recited in the order are corrected or abated within
that time and if not corrected or abated the premises vacated within
10 days thereafter; or
(b) That the dwelling or any part thereof be ordered vacated within a
specified time period not to exceed 30 days, be boarded up and signs
or notices that occupancy is prohibited be posted prominently at all
the entrances of the dwelling and that the order continue in effect
until the conditions are abated and the order revoked, as provided
herein. The order may prohibit occupants from paying, and the owner
and operator from receiving, rent or other compensation for use and
occupancy while it remains in effect; or
(c) That, by reason of the complete state of disrepair and disproportionate
investment required to restore the dwelling to habitable condition
and the danger that the premises constitute, even while vacant, a
threat to health or safety of persons on or near the premises, that
the improvement of the dwelling is impracticable and continuance of
the dwelling vacant constitutes a danger to health, safety and well-being
of the neighborhood wherein the dwelling is situated, the dwelling
is to be ordered vacated and demolished within a period of time not
to exceed 60 days, unless the owner, after having the premises vacated,
consents in writing where no emergency exists to rehabilitate the
dwelling so that it complies in all respects with this code within
six months and provides, if required by the public officer, a performance
bond guaranteeing that the work will be done; or unless the owner,
if the public officer deems it feasible, without jeopardizing public
health and safety, agrees with the public officer to put the premises
up for sale on terms, conditions and limitations which would provide
a reasonable expectancy of securing the rehabilitation of the dwelling
thereon within a reasonable period of time, and further agrees that
if such a sale does not occur within the time specified, the public
officers may thereafter demolish the dwelling without further notice
or proceedings.
[Ord. No. 1329, § 13; amended by Ord. No. 3518, 9-30-1997, § 7]
Where premises are ordered vacated, all doors to the exterior shall be locked and the first story or basement and cellar windows barred or boarded to prevent entry. Where an order is issued under §
29A-135, it shall be served upon all persons affected thereby. When the conditions of the violations complained of are corrected, the owner or occupant affected thereby may request a reinspection, which shall be provided upon the payment of a reinspection fee as set forth in Appendix III of Chapter
2. Based on the reinspection, the public officer shall issue a further order which shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted or order vacation and demolition as stated in the preceding section. Upon compliance with the conditions contained in an order, the public officer shall permit the signs to be removed and the premises made available again for occupancy.
[Ord. No. 1329, § 13]
Where the owner, operator or occupant fails to comply with any
order hereunder or perform in accordance with any written commitment
as provided herein or removes any notice posted pursuant hereto or
any lock or bar without the permission of the public officer, he shall
be deemed in violation of this code and subject to the penalties provided
herein. In addition thereto, the public officer may take such steps
as may be necessary to compel vacation and boarding up of any premises
and may post signs prohibiting occupancy. Nothing herein shall be
construed to permit the public officer to demolish any property except
pursuant to an agreement under the terms of this code or in accordance
with the Township ordinances. Upon failure to comply with any such
order, the premises shall constitute a public nuisance, and the public
officer may take such further action under the criminal and civil
laws of this state through any court of competent jurisdiction as
may be necessary to remove or abate the nuisance.
[Ord. No. 1329, § 13]
Where the public officer makes a preliminary finding that conditions
on the premises constitute an immediate and substantial threat to
the safety or health of occupants or persons in proximity to the premises,
they may order and direct that the premises be vacated immediately
and that signs or notices be posted prohibiting occupancy thereof,
and that the premises be locked and boarded up as provided in this
code. Any party aggrieved thereby may, within 10 days thereafter,
make a request for a hearing in accordance with the sections on hearings
in this code; and upon holding a hearing as provided herein and the
making of a determination that the premises are fit for human occupancy
or that the premises upon the removal of certain specified conditions
will become again fit for human occupancy, the order may be rescinded
or modified and the signs, bars and locks, as provided herein, removed
when the premises are again fit for human habitation and the specified
conditions, if any, are satisfied.