Any dwelling or dwelling unit which shall be
found by the Director of Zoning and Code Enforcement to have any of
the following defects shall be condemned as unfit for continued occupancy
and human habitation and shall be so designated and placarded by the
Director:
B.
One which, according to the provisions of §§ 247-90 to 247-98, and which, because of its general condition, number of occupants or location, is so insanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.
Any rooming house or rooming unit which shall be found by the Director of Zoning and Code Enforcement to be in violation of any provision of §§ 247-121 to 247-142, which violation creates a serious hazard to the health or safety of the occupants or of the public, shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the Director in accordance with the provisions of §§ 247-51 to 247-57.
Whenever the Director of Zoning and Code Enforcement determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in § 247-21 a statement of his or her intent to condemn and placard the dwelling, dwelling unit, rooming house or rooming unit as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in § 247-21.
Whenever a notice of violation, as provided for in § 247-52, has not been complied with, the Director of Zoning and Code Enforcement may include within the compliance order a finding to the effect that the dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in § 247-23, and service shall be made at least 10 days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the Housing Board of Review in the manner provided for in §§ 247-37 to 247-49.
Any dwelling, dwelling unit, rooming house or
rooming unit condemned as unfit for continued occupancy shall be so
designated and placarded and shall be vacated within such reasonable
time as the Director of Zoning and Code Enforcement may specify in
the compliance order.
No dwelling, dwelling unit, rooming house or
rooming unit which has been condemned and placarded as unfit for continued
occupancy shall again be used for habitation until written approval
therefor and for removal of the placard is secured from the Director
of Zoning and Code Enforcement.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in § 247-55.
A.
Whenever any dwelling or accessory structure shall
become vacant and open at any door or window, leaving the interior
of the building exposed to the elements or accessible to entrance
by trespassers, such building be deemed to be dangerous and unsafe.
B.
When a vacant dwelling or accessory structure becomes
hazardous to the safety, health or welfare of the public by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment,
such building shall be deemed to be dangerous and unsafe.
C.
When a vacant dwelling or accessory structure has
been damaged, vandalized or deteriorated to such an extent as to be
unfit or unsuitable for occupancy, such building shall be deemed to
be dangerous and unsafe.
D.
When the whole or any part of any dwelling or accessory structure is deemed to be in a dangerous or unsafe condition, the Director of Zoning and Code Enforcement shall issue a notice of the dangerous and unsafe conditions to the owner of record, requiring the appearance of such owner of record at a hearing before the Director of Zoning and Code Enforcement within 14 days to show cause why the dwelling or accessory structure should not be demolished or otherwise made safe. All notices shall be in writing in accordance with § 247-21.
E.
When it is determined at the hearing that the dwelling or accessory structure should be demolished or otherwise made safe, the Director of Zoning and Code Enforcement shall issue a compliance order to the effect that such dwelling or accessory structure shall be demolished or otherwise made safe within a time not to exceed 90 days. Where no emergency exists, the owner may either consent in writing to rehabilitate the dwelling so that it complies in all respects with this chapter within six months and must provide, if required by the Director of Zoning and Code Enforcement, a performance bond guaranteeing that the work will be done; or the owner may put the dwelling up for sale on terms, conditions and limitations which would provide for the rehabilitation of the dwelling thereon within a six-month period. The owner shall further agree that if rehabilitation or sale does not occur within the six-month period, the Director of Zoning and Code Enforcement may thereafter demolish the dwelling without further notice or proceedings. In either case, such dwelling shall be secured in accordance with Subsection H of this section.
F.
Should the owner of record fail to appear at the hearing,
the Director of Zoning and Code Enforcement shall take action to demolish
or otherwise make safe the dwelling or accessory structure as may
be found to be necessary or warranted by the evidence in his or her
file.
G.
The Director of Zoning and Code Enforcement shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of § 247-62.
H.
Any building which is boarded for any reason shall
comply with the following specifications: all openings (including
doors and windows) from cellar to second floor inclusive, and all
windows above the second floor leading to fire escapes, porches or
structural appurtenances on all floors must be covered from the exterior
with one-half-inch-thick plywood secured with either 10d common nails
or screws of a minimum length of 1 1/2 inches, placed 12 inches
on center. All other windows shall be secured from the exterior with
either plywood or seven-eighths-inch matched boards.
A.
Whenever the Director of Zoning and Code Enforcement determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy, and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he or she shall include within the notice of violation provided for in § 247-21 a statement of his or her intent to order the demolition of the dwelling, provided that the owner, at his or her discretion, may repair, alter or improve the dwelling in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the dwelling at his or her own expense pursuant to the provisions of § 247-30; provided further, that the owner shall alleviate the violation within the time specified in the notice of violation.
B.
A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in § 247-21, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the City once a week for two successive weeks.
C.
For the purposes of this section, any repair, alteration
or improvement that is determined by the Director of Zoning and Code
Enforcement to cost more than 50% of the assessed valuation of the
dwelling shall be deemed to be not reasonably related to the value
of the dwelling.
Whenever a notice of violation provided for in § 247-58 has not been complied with, the Director of Zoning and Code Enforcement may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in § 247-23, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the City once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the Housing Board of Review in the manner provided for in §§ 247-37 to 247-49.
Whenever a compliance order to repair, alter
or secure a dwelling found by the Director of Zoning and Code Enforcement
to be unfit for human habitation and continued occupancy has not been
complied with, the Director of Zoning and Code Enforcement may, at
the expense of the person responsible for alleviating the violation,
take such direct action as is necessary to alleviate the violation,
if the cost of such action is reasonably related to the value of dwelling.
For the purposes of this section, any repair, alteration or securing
that is determined by the Director of Zoning and Code Enforcement
to cost 50% or less of the assessed valuation of the dwelling shall
be deemed to be reasonable. The power of the Director of Zoning and
Code Enforcement to repair or alter shall be limited to the alleviation
of conditions which affect occupied dwellings or dwelling units.
Whenever a compliance order issued pursuant to the provisions of § 247-59 providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the Director of Zoning and Code Enforcement to be more than 50% of the assessed valuation of the dwelling, the Director of Zoning and Code Enforcement may demolish the dwelling at the expense of the owner.
Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the Director of Zoning and Code Enforcement has taken direct action pursuant to the provisions of §§ 247-60 or 247-61, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the Director of Zoning and Code Enforcement, he or she may sell the materials of such dwelling, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.
Notwithstanding the other provisions of this
article, no dwelling shall be required to be vacated or demolished
by the Director of Zoning and Code Enforcement under the powers granted
to him or her by the provisions of this chapter until persons occupying
the dwelling at the time the compliance order is issued have been
offered housing accommodations in a decent, safe and sanitary dwelling
which meet the requirements of this chapter.
