[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.