Any dwelling unit, dwelling, rooming house, or rooming unit,
having any of the following defects may be designated by the Fire
Chief as unfit for human habitation and may be so placarded:
(1)
The structure lacks illumination, ventilation, sanitation, heat,
or other facilities, adequate to protect the health and safety of
the occupants or the public.
(2)
The structure is damaged, decayed, dilapidated, unsanitary, 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, because of the location, general conditions, state
of the premises, or number of occupants, is so unsanitary, 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 notice or orders issued pursuant to this Code, is
unfit for human habitation.
(5)
The structure, whether or not a dwelling, dwelling unit, lodging
house, or lodging unit, in whole or in part, has been made unfit for
human habitation by catastrophe of fire, wind damage, lightning, impact
from falling objects of any nature, impact of vehicles, or damage
from any cause whatsoever.
All property abandoned for a period of one year with no upkeep
by the owner may be removed by the City with the serving of notice
to the owner. Serving of notice shall give the owner 90 days to make
the necessary repairs to the property. The expense of the removal
of property shall be paid by the owner or the expenses shall be charged
against the property as a lien.
Whenever the Fire Chief determines that a dwelling, dwelling unit, rooming house, or rooming unit is unfit for human habitation, as provided in Section 12-96 or 12-97, he shall include such finding within the notice of violation provided for in Section 12-18. He shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house, or rooming unit if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation, as provided in Section 12-98, has not been complied with, the Fire Chief may order the dwelling, dwelling unit, rooming house, or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator, and the occupant, as provided in Section 12-18.
Any dwelling, dwelling unit, rooming house, or rooming unit, designated as unfit for human habitation pursuant to Section 12-96 or 12-97, and ordered vacated as provided in Section 12-99, shall be vacated within such reasonable time as the Fire Chief may specify in the order. No such dwelling, dwelling unit, rooming house, or rooming unit shall again be used for human habitation, and the placard shall not be removed until written approval is secured from the Fire Chief.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house, or rooming unit which has been designated as unfit for human habitation, except as provided in Section 12-100.
The owner, agent, or operator of any dwelling, dwelling unit,
rooming house, or rooming unit which has been designated as unfit
for human habitation and vacated shall make such dwelling, dwelling
unit, rooming house, or rooming unit, safe and secure in whatever
manner the Fire Chief shall deem necessary. Any vacant building, open
at the doors and windows, if unguarded, shall be deemed dangerous
to human life and a nuisance within the meaning of this section.
Whenever the Fire Chief designates a dwelling or rooming house unfit for human habitation, as provided in this division, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation, provided for in Section 12-18, 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 mortgagee, as provided in Section 12-18. The owner may demolish such structure as provided in Section 12-20, 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.
Whenever a notice or order to remove a violation, or to secure, vacate, or demolish a building has not been complied with, and when such failure to comply is deemed by the Fire Chief to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, vacated, or take such other action as is necessary to abate the nuisance. Whenever the Fire Chief determines that such nuisance exists, he shall record sufficient proof to support such determination. The owner, occupant, lessee, and mortgagee shall be notified of such finding pursuant to Section 12-18. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
The expenses incurred pursuant to Section 12-105 shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Fire Chief shall file among his records an affidavit stating with fairness and accuracy the items of expense that each item was necessary, that the cost thereof does not exceed the current hourly rate of wages for the action, and the date of execution of actions authorized by Section 12-105. The Fire Chief 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. A notice of such lien shall be mailed to or served upon the owner, operator, agent, and occupant claimed liable to pay such lien. A similar copy may be filed in the office of the City Treasurer and the commissioner of assessments of the City and may be noted on the records of liens and assessments against the property. 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 supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien authorized in this section.
