The public officer, on his own or upon the filing of a petition by at least five residents charging that a building is unfit for human habitation or use, shall make an inspection of any building believed to be unfit for human habitation or use and shall make a preliminary finding in accordance with the standards provided herein as to whether or not the premises are unfit for human habitation or use, and if so he shall, except where Section
115-21 applies, 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 a hearing not less than 10 nor more than 30 days from the date of service of the last notice to be served.
In making a determination of whether a building is unfit for
human habitation or use, the public officer shall determine whether,
by reason of violation of this chapter existing in the building or
on the premises, 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 that end he may consider, among
other factors:
A. Structural. 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 building.
B. Ventilation. Whether, by reason of inadequate ventilation, there
is a danger of communicable diseases being contracted and spread in
and among the occupants or persons in the vicinity of the premises.
C. Maintenance, infestation or defects. 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.
D. Facilities and egress. 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 the case of fire, inadequate
means of egress.
E. Utilities. Whether premises are deficient in one or more essential
utilities, including sewage disposal facilities, water supply or electricity.
F. Design of premises. Where premises were not designed or constructed
for human habitation, whether, by reason of the same, occupancy constitutes
an unnecessary hazard to safety or health.
After the holding of a hearing as prescribed in Section
115-34, the public officer shall make a determination as to whether the building 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. Limited time of occupancy. That occupancy of all or part of the building
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
be vacated within 10 days thereafter.
B. Posting of premises. That the building or any part thereof be ordered
vacated within a specified period not to exceed 30 days, be boarded
up and signs or notices that occupancy is prohibited be posted prominently
at all times at all the entrances of the building, 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.
C. Demolition. That by reason of the complete state of disrepair and the disproportionate investment required to restore the building to habitable condition and the danger that the premises constitute, even while vacant, a threat to the health or safety of persons on or near the premises, the improvement of the building is impracticable and continuance of the building vacant constitutes a danger to the health, safety and well-being of the neighborhood, whereupon the building is to be ordered vacated and demolished within a period of time not to exceed 60 days. If application for a demolition permit is not made within 30 days from the date of the notice ordering vacation and demolition, the public officer will proceed with demolition or cause the building to be demolished. The cost of such demolition shall be charged against the property affected in accordance with Section
115-37.
Where premises are ordered vacated, all doors to exterior shall be secured and first-story or basement and cellar windows barred or boarded and all other windows protected against breakage. Where an order is issued under Section
115-49, it shall be served on all persons affected thereby pursuant to Section
115-33. When the conditions of the violation 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 of $10. 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 in Section
115-49C. Upon compliance with the conditions contained in any order, the public officer shall permit the signs on the premises to be removed and the premises made available again for occupancy.
Where owner, operator or occupant fails to comply with an order
hereunder, or fails to perform in accordance with any written commitment
as provided herein or removes any notice posted pursuant hereto without
the permission of the public officer, he shall be deemed in violation
of this chapter 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 of any premises and may post signs
prohibiting occupancy. 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.