A.
In general.
(1)
When a structure or part of it or its premises is found
by the Code Official to be unsafe or unfit for human occupancy or use, the
Code Official may condemn the structure or part of it and may order the structure
or part of it to be placarded and vacated in accordance with the provisions
of this chapter.
(2)
The structure or part of it or its premises may not be
reoccupied without approval of the Code Official.
(3)
Unsafe equipment may be condemned, placarded, and placed
out of service in accordance with the provisions of this chapter.
B.
Unsafe structure or premises. An "unsafe structure or
premises" means a structure or premises that the Code Official finds all or
part of which to be dangerous to life, health, property, or the safety of
the tenants because:
C.
Unsafe equipment.
(1)
Unsafe equipment includes any boiler, heating equipment,
cooking 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 the Code Official
finds it to be a hazard to life, health, property, or safety of the tenants
of the premises or structure.
(2)
Unsafe equipment may contribute to the finding that the
structure is unsafe or unfit for human occupancy or use.
D.
Structure unfit for human occupancy. A structure is unfit
for human occupancy or use whenever the Code Official finds that it:
E.
Closing of vacant structures.
(1)
Upon failure of a property owner to close or vacate a
premises within the time specified in an order, the Code Official may cause
the premises to be closed through a public agency or by contract or arrangement
with private persons.
(2)
The cost shall be charged against the real estate upon
which the structure is located and shall be a lien upon the real estate.
A.
Repairs by Code Official. The Code Official may make
repairs required by an issued final order if:
(1)
The owner or operator of the structure and its premises
fails, neglects, or refuses to make repairs required by the final order;
(2)
The Code Official determines failure to make the repairs
will endanger the public health, safety, or welfare; and
(3)
The Code Official determines that the cost of the repairs
will not exceed 85% of assessed value of the structure after the repairs are
completed.
B.
Notice. The Code Official shall serve a notice of intention to make the repairs on the owner or other person in charge in accordance with § 15-16B(1) of this chapter.
C.
Entry. The owner or operator of a structure and its premises who has received notice of the intention of the Code Official to make repairs shall give entry and free access to the agent of the Code Official for the purpose of making the repairs. An owner or other person in charge of a structure and its premises who refuses, impedes, interferes with, hinders, or obstructs entry by the agent under a notice of intention to make repairs is subject to a criminal penalty as provided in § 15-17D of this chapter.
D.
Costs. When repairs are made at the direction of the
Code Official, the cost of the repairs shall be levied, collected, and enforced
in the same manner as County real property taxes and shall have the same priority
rights, bear the same interest and penalties, constitute a lien on the real
property so assessed, and be treated the same as County real property taxes.
A.
Structures and accessory structures. The Code Official
shall declare to be unfit for human habitation and order to be demolished:
B.
Notice. The owner of a structure that has been determined to be unfit for human habitation and ordered to be demolished by the Code Official shall be given notice of this determination in the manner provided for service of notice in § 15-16B(1) of this chapter and shall be given a reasonable time to remove the structure.
C.
Demolition order; preparation; costs. When the owner
fails, neglects, or refuses to remove the unfit structure within the specified
time, the Code Official may apply to a court of competent jurisdiction for
a demolition order. On receipt of the demolition order, the Code Official
shall request the Department of Public Works to prepare the demolition. The
demolition work shall be performed by the person awarded a contract for the
work in accordance with the laws of the County. The cost of demolition shall
be a lien in favor of the County against the subject property in the same
manner and with the same rights, priority rights, interest, and penalties
as the County real property tax.
D.
Removal of debris and filling the excavation. Demolition,
whether carried out by the owner or by the Code Official, shall include the
removal of the debris resulting from the demolition and the filling in of
the excavation remaining on the property on which the demolished structure
was located in a manner as to eliminate potential danger to the public health,
safety, or welfare arising from the excavation.
A.
In general.
(1)
When the Code Official determines that a violation of this chapter has occurred, or has reasonable grounds to believe that a violation has occurred, or when the Code Official has determined to condemn a structure, or part of it, or equipment under the provisions of § 15-13 of this chapter, notice shall be given to the property owner and to the tenant in the manner prescribed in this chapter.
B.
Service of notice.
(1)
Notice shall be deemed to be properly served upon a property
owner or tenant by one of the following methods:
(a)
By delivering to the person to be served or the person's
agent a copy of the notice and all other necessary papers; or
(b)
By mailing to the person to be served at the person's
last known address or to the person's agent by certified or registered mail
with return receipt requested a copy of the notice and all other necessary
papers.
(2)
If the certified or registered letter is returned with
receipt showing that it has not been delivered, notice shall be served by
posting a copy of it in a conspicuous place in or about the structure affected
by the notice.
C.
Notice to vacate. When a condemnation order is served
on a tenant, the tenant shall be given a reasonable time to vacate the structure
in accordance with County law.
D.
Transfer of ownership. A property owner who has received
a compliance order or who has been served a notice of violation may not sell,
transfer, mortgage, lease, or otherwise dispose of the premises until:
(1)
The provisions of the compliance order
or notice of violation have been complied with; or
(a)
The property owner furnishes to the grantee, transferee, mortgagee,
or lessee a true copy of the compliance order or notice of violation issued
by the Code Official; and
(b)
the property owner furnishes to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging
the receipt of the compliance order or notice of violation and stating that
the grantee, transferee, mortgagee, or lessee fully accepts and assumes the
responsibility without condition for making the corrections or repairs required
by the compliance order or notice of violation.
E.
Removal of placard. A property owner may not deface or
remove a condemnation placard without the approval of the Code Official.
A.
Enforcement. The Code Official may enforce the provisions
of this chapter through injunctive, mandamus, or other appropriate relief.
B.
Forms of relief. A court of competent jurisdiction may
issue a restraining order, interlocutory or final injunction, mandamus, or
other form of relief to restrain or correct violations of this chapter.
C.
Civil penalty.
A.
Reconsideration. A person aggrieved by a notice of the Code Official issued in connection with an alleged violation of this chapter or by an order requiring repair or demolition issued under § 15-14 or 15-15 of this chapter may apply to the Code Official for a reconsideration of the notice or order within 21 days after it has been issued.
C.
Grounds for revocation or modification. At the informal
conference, the applicant shall be permitted to present grounds for revocation
or modification of a notice or order to a representative of the Code Official.
D.
Decision. Within 14 days after the close of the informal
conference, the Code Official shall advise the applicant whether or not the
notice or order will be modified or revoked.