[Ord. No. 74, 5-7-2008]
Any premises having any defects, described in this section,
may be designated by the Commissioner as unfit for occupancy and a
notice to such effect shall be posted upon the premises, when:
(1)
The structure lacks ventilation, sanitation, heat or other facilities
adequate to protect the health and safety of the occupants or the
public.
(2)
The structure or premises is damaged, decayed, dilapidated, insanitary,
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.
(3)
The structure or premises, because of the location, general conditions,
state of the premises, or number of occupants, is so insanitary, unsafe,
overcrowded or otherwise detrimental to health and safety that it
creates a serious hazard to the occupants or the public.
(4)
The structure, because of the failure of the owner or occupant to
comply with such notices or orders issued pursuant to this article,
is unfit for occupancy.
[Ord. No. 74, 5-7-2008]
Whenever the Commissioner determines that a building, structure
or premises is unfit for occupancy, he shall include such finding
within the notice of violation, and he shall also include a statement
of his intent to order the premises to be vacated and to post necessary
notices on the building, structure or premises if compliance with
the provisions of the notice of violation has not been secured.
[Ord. No. 74, 5-7-2008]
Whenever a notice of violation has not been complied with, the
Commissioner may post a notice on the premises and order such premises
or any part thereof to be vacated. A copy of such order to vacate
shall be served on the owner, agent or operator, and the occupant
in the same manner as the case may require as provided for serving
notice of violations.
[Ord. No. 74, 5-7-2008]
Any building, structure or premises designated as unfit for
occupancy and ordered by service of notice of violation, and said
notice be posted to vacate that building, structure or premises shall
be vacated within such reasonable time as the Commissioner may specify
in the order. No such building, structure or premises shall again
be used for occupancy and said posted notice removed until written
approval is secured from the Commissioner.
[Ord. No. 74, 5-7-2008]
No person shall deface or remove the posted notice from any
building, structure or premises which has been designated as unfit
for occupancy.
[Ord. No. 74, 5-7-2008]
The owner, agent, occupant or operator of any building, structure
or premises which has been designated as unfit for occupancy and vacated,
shall make such building, structure or premises safe and secure in
whatever manner the Commissioner deems necessary. Any vacated building,
open at the doors and windows, if unguarded, shall be deemed dangerous
to human life and a nuisance.
[Ord. No. 74, 5-7-2008]
Whenever the Commissioner designates a building unfit for occupancy
as provided in this subdivision and determines that the cost necessary
to correct the violation is not reasonable related to the value to
the building, he shall include within the notice of violation, a statement
of his intent to order the demolition of the structure. A copy of
such notice shall be served on the owner, occupant, lessee and mortgage,
recorded prior to service of any notice of violation. The owner may
demolish such structure, 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.
[Ord. No. 74, 5-7-2008]
Whenever a notice of violation as provided in this article has
not been complied with, the Commissioner may order the building demolished.
The order shall be served on the same parties and in the same manner
as provided for service of notice of violation, and demolition shall
be completed within the time specified by the Commissioner.
[Ord. No. 74, 5-7-2008]
Whenever a notice and 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 Commissioner to constitute a nuisance,
he may proceed to cause the structure to be demolished, repaired,
altered, secured or vacated, or take such other legal action as is
necessary to abate the nuisance. Whenever the Commissioner determines
that such nuisance exists, he shall record sufficient proof to support
such determination. Abatement authorized by this section shall not
commence until at least 10 days after service of the order.
[Ord. No. 74, 5-7-2008]
The expenses incurred pursuant to the provisions of this subdivision,
plus 15% of such amount, shall be paid by the owner, operator or occupant
of the premises, or by the person who caused or maintained such nuisance
or other violation. The Commissioner shall file among its records
an affidavit stating, with fairness and accuracy, the items of expense
and the date of execution of actions. The Commissioner may institute
a suit to recover such expenses against any person liable for such
expenses or may cause such expenses to be charged against the property
as a lien. Except with respect to a lien imposed for expenses incurred
in demolition, nothing in this section shall be construed as placing
a lien upon the property which has priority over the lien of any recorded
mortgage or lien herein authorized.
