The Inspection Division shall enforce the provisions of this
chapter.
[Amended 4-24-2014 by Ord. No. 3544]
Inspection of premises and the issuing of orders in connection
therewith under the provisions of this chapter shall be the exclusive
responsibility of the Inspection Division of the City. Wherever, in
the opinion of the Code Enforcement Officer, it is necessary or desirable
to have inspection of any condition by any other department, he shall
arrange for this to be done in such manner that the owners or occupants
of buildings shall not be subjected to visits by numerous inspectors,
nor to multiple or conflicting orders. No order for correction of
any violation under this chapter shall be issued without the approval
of the Code Enforcement Officer, and it shall be the responsibility
of that official before issuing any such order to determine that it
has the concurrence of any other department or official of the government
concerned with any matter involved in the case in question.
Except as may otherwise be provided by statute or local law
or ordinance, no officer, agent or employee of the City charged with
the enforcement of this chapter shall render himself personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his duties under
this chapter. No person who institutes or assists in the prosecution
of a criminal proceeding under this chapter shall be liable to damage
hereunder unless he acted with actual malice and without reasonable
grounds for believing that the person accused or prosecuted was guilty
of any unlawful act or omission. Any suit brought against any officer,
agent or employee of the City as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the City until the final determination
of the proceedings.
A.
The Code Enforcement Officer shall make or cause to be made inspections
to determine the condition of all structures and premises in order
to safeguard the safety, health and welfare of the public under the
provisions of this chapter. The Code Enforcement Officer is authorized
to enter any structure or premises at any reasonable time for the
purpose of performing his duties under this chapter. The owner, occupant
or operator of every structure or premises or the person in charge
shall give the Code Enforcement Officer free access to all parts thereof
and to the premises on which it is located at all reasonable times
for the purpose of such inspection, examination and survey.
B.
No person shall refuse entrance to or impede an inspector or officer
authorized under this chapter in the performance of his duties, and
every such inspector or officer shall have the right to enter, examine
and survey all premises, grounds and structures and every part thereof
at all reasonable times upon display of proper identification.
C.
If any owner, occupant or other person in charge of a structure subject
to the provisions of this chapter refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to every part of
the structure or premises where inspection authorized by this chapter
is sought, the administrative authority may seek in a court of competent
jurisdiction an order that such owner, occupant or other person in
charge cease and desist with such interference.
Every occupant of a structure or premises shall give the owner
or operator thereof or his agent or employee access to any part of
such structure or its premises at reasonable times for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this chapter.
Structures shall be condemned as dangerous structures or unsafe
for human occupancy as provided herein.
A.
Dangerous structures. If all or part of any building or structure
(including, among others, a fence, billboard or sign) or the equipment
for the operation thereof (including, among others, the heating plant,
plumbing, electric wiring, moving stairways, elevators and fire extinguishing
apparatus) shall be found, in the opinion of the Code Enforcement
Officer, to be in an unsafe condition, dangerous to life, limb or
property, he shall proceed to have the same condemned pursuant to
the applicable provisions of the City Code pertaining to unsafe structures.
B.
Structures unfit for human occupancy.
(1)
Whenever the Code Enforcement Officer finds that any structure constitutes
a hazard to the safety, health or welfare of the occupants or to the
public because it lacks maintenance; is in disrepair, unsanitary,
vermin infested or rodent infested; because it lacks the sanitary
facilities or equipment; or otherwise fails to comply with the minimum
provisions of this chapter, but has not yet reached a state of complete
disrepair as to be condemned as a dangerous structure as provided
herein, he may declare such structure as unfit for human occupancy
and order it to be vacated.
(2)
If any structure or any part thereof is occupied by more occupants
than permitted under this chapter or was erected, altered or occupied
contrary to law, such structure shall be deemed an unlawful structure
and the Code Enforcement Officer may cause such structure to be vacated.
No person shall again occupy such dwelling until it or its occupation,
as the case may be, has been made to conform to the law.
C.
Notice. Notice of the declaration of any building under this chapter
as unfit for human occupancy and order to vacate it shall be served
as provided in this chapter and such other codes or ordinances of
the City pertaining to unsafe buildings.
D.
Posting of notice. Any structure declared as unfit for human occupancy
shall be posted with a placard by the Code Enforcement Officer. The
placard shall include the following:
(1)
Name of City.
(2)
The name of the authorized department having jurisdiction.
(3)
The chapter and section of the chapter under which it is issued.
(4)
An order that the structure when vacated must remain vacant until
the provisions of the order are complied with and the order to vacate
is withdrawn.
(5)
The date that the placard is posted.
(6)
A statement of the penalty for defacing or removing the placard.
E.
Form of notice. Whenever the Code Enforcement Officer has declared
a structure as unfit for human habitation, he shall give notice to
the owner of such declaration and placarding of the structure as unfit
for human occupancy. Such notice shall:
F.
Service of notice. Service of notice to vacate shall be as follows:
(1)
By delivery to the owner personally or by leaving the notice at the
usual place of abode of the owner with a person of suitable age and
discretion.
(2)
By certified or registered mail addressed to the owner at his last
known address with postage prepaid.
(3)
By posting and keeping posted for 24 hours a copy of the notice in
placard form in a conspicuous place on the premises to be vacated.
G.
Removal of placard or notice. No person shall deface or remove the
placard from any structure which has been declared or placarded as
unfit for human habitation except by authority, in writing, from the
Code Enforcement Officer.
H.
Vacating of declared building. Any structure which has been declared
and placarded as unfit for human occupancy by the Code Enforcement
Officer shall be vacated within a reasonable time as required by the
Code Enforcement Officer, and no owner or operator shall let to any
person for human occupancy such structure and no person shall occupy
any structure which has been declared or placarded by the Code Enforcement
Officer as unfit for human occupancy after the date set forth in the
placard.
I.
Occupancy of building. No structure which has been declared or placarded
as unfit for human occupancy shall again be used for human occupancy
until written approval is secured from the Code Enforcement Officer.
The Code Enforcement Officer shall remove such placard whenever the
defect or defects upon which the declaration and placarding action
were based have been eliminated.
[Amended 12-13-2006 by Ord. No. 3315[1]]
When required, notice of violation shall be served upon the
owner of record, provided that such notice shall be deemed to be properly
served upon such owner if a copy is delivered to him personally or,
if not found, by leaving a copy at his usual place of abode with a
person of suitable age and discretion who shall be informed of the
contents or by sending a copy by mail to his last known address, or,
if the letter with the copy is returned showing it has not been delivered
to him, by posting a copy in a conspicuous place in or about the structure
affected by the notice. Such notice shall not be required in cases
where the owner has already received notice for similar violations
within the past five years.
A.
Service of notice. Whenever the Code Enforcement Officer determines
that there has been or there are reasonable grounds to believe that
there has been or is a violation of any provision of this chapter,
he shall give notice of such violation or alleged violation to the
person or persons responsible unless such notice is not required as
provided herein. If the notice is required, the notice shall:
B.
Prosecution of violation. In case any violation order is not promptly
complied with, or if no violation order is required, the Code Enforcement
Officer may request the legal representative to institute an appropriate
action or proceeding at law or in equity against the person responsible
for the violation, ordering him:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work.
(2)
To restrain or correct the erection, installation or alteration of
such building.
(3)
To require the removal of work in violation.
(4)
To prevent the occupation or use of the building, structure or part
thereof erected, constructed, installed or altered in violation of
or not in compliance with the provisions of this chapter or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
(5)
To enforce the penalty provisions of this chapter.
C.
Penalty for violations. Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provision of this chapter or any rule or order promulgated hereunder shall be subject to a penalty as provided in § 1-4 of this Code. Each day during which a violation of this chapter is permitted to exist will be deemed a separate violation.
[Amended 4-24-2014 by Ord. No. 3544; 2-22-2023 by Ord. No. 3765]
[1]
Editor's Note: This ordinance also repealed original § 15.47,
which immediately followed this section.
