When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found
unlawful, such structure shall be condemned pursuant to the provisions of this code.
111.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property
or safety of the public or the occupants of the structure by not providing minimum safeguards to protect
or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so
damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse
is possible.
111.1.2 Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises or within the structure that is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the premises or structure.
111.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is insanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons
than permitted under this code, or was erected, altered or occupied
contrary to law.
111.1.5 Dangerous structure or premises. For the purpose of
this code, any structure or premises that has any or all of the conditions or defects described as follows
shall be considered to be dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved building or
fire code of the jurisdiction as related to the requirements for existing
buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so warped, worn loose, torn or otherwise unsafe
as to not provide safe and adequate means of egress.
3. Any portion of a building, structure or appurtenance
that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other
cause to such an extent that it is likely to partially or completely
collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place
so as to be capable of resisting natural or artificial loads of one
and one-half the original designed value.
5. The building or structure, or part of the building
or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion
of the ground necessary for the support, or for any other reason,
is likely to partially or completely collapse, or some portion of
the foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof,
is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an
attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants,
criminals or immoral persons, or enables persons to resort to the
building or structure for committing a nuisance or
an unlawful act.
8. Any building or structure has been constructed,
exists or is maintained in violation of any specific requirement or
prohibition applicable to such building or structure provided by the approved building or fire code
of the jurisdiction, or of any law or ordinance to such an extent
as to present either a substantial risk of fire, building collapse
or any other threat to life and safety.
9. A building or structure, used or intended to be
used for dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise,
is determined by the code official to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease.
10. Any building or structure, because of a lack of
sufficient or proper fire-resistance-rated construction, fire protection
systems, electrical system, fuel connections, mechanical system, plumbing
system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever
any building or structure is abandoned so as to constitute
such building or portion thereof as an attractive nuisance or hazard
to the public.
If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of
structural collapse, the code official is authorized
to post a placard of condemnation on the premises and order the structure closed up so as not to
be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to
be closed and secured through any available public agency or by contract
or arrangement by private persons and the cost thereof shall be charged
against the real estate upon which the structure is
located and shall be a lien upon such real estate and shall be collected
by any other legal resource.
111.2.1 Authority to disconnect service utilities. The
code official shall have the authority to authorize disconnection
of utility service to the building,
structure or system regulated by this code and the referenced codes and standards set forth in Section
102.8 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The
code official shall notify the serving utility and, whenever possible, the
owner or
owner's authorized agent and
occupant of the building,
structure or
service system of the decision to disconnect prior to taking such
action. If not notified prior to disconnection the
owner,
owner's authorized agent or
occupant of the building
structure or service system shall
be notified in writing as soon as practical thereafter.
The code official shall cause a report to be
filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
Whenever the code official determines that
there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner
prescribed in Sections 111.4.1 and 111.4.2 to the owner or the owner's
authorized agent, for the violation as specified in this code. Notices
for condemnation procedures shall comply with this section.
111.4.1 Form. Such notice shall be in accordance with all of
the following:
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice
is being issued.
4. Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions
of this code.
5. Inform the property owner or owner's authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section
109.3.
111.4.2 Method of service. Such notice shall be deemed to be
properly served where a copy thereof is served in accordance with
one of the following methods:
1. A copy is delivered personally.
2. A copy is sent by certified or registered mail addressed to the owner
at the last known address with the return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that
the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice.
Service of such notice in the foregoing manner upon the owner's
agent or upon the person responsible for the structure shall constitute
service of notice upon the owner.
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Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without
authorization from the code official.
It shall be unlawful for the owner of any dwelling unit or structure who has received
a compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until
the provisions of the compliance order or notice of violation have
been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order
or notice of violation issued by the code official and shall furnish to the code official a signed
and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice
provisions within the time given, the code official shall post on the premises or on defective equipment
a placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the
equipment or removing the placard. Such notice shall be posted in
a conspicuous place in or about the structure affected by such notice.
If the notice pertains to equipment, it shall be placed on the condemned
equipment.
111.7.1 Placard removal. The code official shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the code official shall be
subject to the penalties provided by this code.
Any occupied structure condemned and placarded
by the code official shall be vacated as ordered
by the code official. Any person who shall occupy
a placarded premises or shall operate placarded equipment,
and any owner or owner's authorized
agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties
provided by this code.
The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition.
The owner, owner's authorized
agent, operator or occupant of a
structure, premises or equipment deemed unsafe by
the code official shall abate or cause to be abated
or corrected such unsafe conditions either by repair, rehabilitation,
demolition or other approved corrective action. To
the extent that repairs, alterations, or additions are made or a change
of occupancy occurs during the restoration of the
structure, such repairs, alterations, additions, or change of occupancy
shall comply with the requirements of the International Existing
Building Code.