In addition to, or in lieu of, the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this Part
3 by the Department's seeking injunctive relief in the manner provided by law.
[Amended 3-23-2010 by L.L. No. 4-2010]
A. Notice. Whenever the Building Inspector determines that a structure
or dwelling unit is dangerous and unfit for human habitation, the
Building Inspector shall give notice of condemnation to the owner
and of his intent to placard and vacate the structure or dwelling
unit, if compliance with the provisions of the notice of condemnation
is not secured. Any person affected by any such notice may request
and shall be granted a hearing on the matter before the Board of Appeals.
B. Placarding. The Building Inspector or the assistant building inspectors
shall post in a conspicuous place on the affected dwelling unit or
structure a placard bearing the words "THIS BUILDING IS UNSAFE AND
ITS OCCUPANCY AND USE HAS BEEN PROHIBITED."
C. Vacating. Any dwelling unit or structure which has been condemned
shall be vacated within a reasonable time as required by the Building
Inspector and shall not be used for human habitation again until written
approval is secured from the Building Inspector. The owner or operator
of such unit or structure shall make such unit or structure safe and
secure in whatever manner the Building Inspector shall deem necessary.
Any vacant building, open at doors and windows, if unguarded, shall
be deemed dangerous to human life and a nuisance.
D. Order to disconnect utilities. Whenever any dwelling unit or structure
has been placarded and vacated, the Department shall order services
and utilities to be turned off or disconnected and all utility meters
to be removed.
E. Order to make repairs or demolish. Whenever the Building Inspector designates a building unfit for human habitation, unsafe to the community in its vacant state and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, the Building Inspector shall order the demolition of the structure. A copy of such notice shall be served on the owner and copies shall be sent to other agencies, including the Police and Fire Departments. The owner may demolish such structure, convert the structure into another use, rehabilitate the structure or correct the violation regardless of cost, provided that the requirements of this Part
3 and of the Building Code in effect at the time of attempted compliance are satisfied.
F. Department to make repairs or demolish. 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 Building Inspector to constitute a danger to the tenants and the community, the Building Inspector may proceed to have the building demolished, repaired, rehabilitated, converted, altered, secured, vacated or take such action as is necessary to abate the nuisance. Abatement authorized by the provision shall not commence until at least 10 days after service of such notice. Such procedures and recovery of expenses shall be served as provided in §
245-92, Emergency repair program, and work shall be completed within the time specified by the Building Inspector.
Certain structures impose a serious and immediate risk to public
health, safety and welfare. Such structures are of such age and condition
or have such a history of violations of minimum housing standards
that they may contain harmful or potentially harmful conditions which
threaten the health, safety and welfare of the occupants or the public.
It is therefore in the public interest to authorize the use of special
code enforcement remedies in these cases.