The Board of Trustees shall adopt such rules
and regulations as may be deemed necessary for the enforcement of
the provisions of this chapter.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements:
A. Generally. Any dwelling or dwelling unit which shall
be found to have any of the following defects shall be condemned as
unfit for human habitation and shall be so designated and placarded
by the enforcement officer:
(1) One which, by reason of its failure to comply with
the requirements of this chapter, is so damaged, decayed, dilapidated,
insanitary, unsafe or vermin-infested that it creates a serious hazard
to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation
required by this chapter so as to adequately protect the health or
safety of the occupants or of the public.
B. Vacation of premises. Any dwelling or dwelling unit
condemned as unfit for human habitation and so designated and placarded
by the enforcement officer shall be vacated within such time as ordered
by the hearing officer.
C. Removal of defects required. No dwelling or dwelling
unit which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from and such placard is removed by the enforcement officer.
The enforcement officer shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action were
based have been eliminated.
D. Defacing or removing placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection
C.
E. Notice of condemnation; hearing. No such dwelling shall be placarded as unfit for human habitation until at least 10 days after written notice of its condemnation has been given by the enforcement officer, pursuant to §
160-8, to the owner and occupants of such dwelling and, if a hearing shall be requested by any such persons within such twenty-day period, until a hearing has been held before the hearing officer and a finding has been made after such hearing affirming the determination of the enforcement officer.
[Amended 2-26-2019 by L.L. No. 7-2019]
Any violation of any provision of this chapter or any provision
of any rule or regulation adopted by the enforcement officer pursuant
to authority granted by this chapter shall be deemed a violation,
and any person found guilty thereof shall be liable to a fine a minimum
of $500 or $10 per day per violation, whichever is greater or to imprisonment
not to exceed one year, or to both such fine and imprisonment, and
each day's failure to comply with such provision, rule or regulation
shall constitute a separate violation.