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.
108.1.1
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.
108.1.2
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.
108.1.3
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.
108.1.4
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.
108.1.5
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.
108.2.1
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.
Whenever the code official has condemned a
structure or equipment under the provisions of this section, notice
shall be posted in a conspicuous place in or about the structure affected
by such notice and served on the owner, owner's authorized
agent or the person or persons responsible for the structure or equipment
in accordance with Section 107.3. If the notice pertains to equipment,
it shall be placed on the condemned equipment. The notice shall be
in the form prescribed in Section 107.2.
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.
108.4.1
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.
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.
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, owner's authorized agent or person responsible for
the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable
for the penalties provided by this code.
The owner, owner's authorized agent, operator or occupant of a building, 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.