Any structure which shall be found by the Director
to have any of the following defects shall be condemned as unfit for
continued occupancy and shall be so designated and placarded by the
Director:
A. One which according to the provisions of Articles
VI and
VII of this chapter is so lacking in sanitation, heating, lighting or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.
B. One which according to the provisions of Article
VI and
VII of this chapter, 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.
C. One which according to the provisions of Articles
VI and
VII of this chapter is so decayed, damaged, dilapidated, insanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.
Whenever the Director determines that a structure is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in §
288-14 of this chapter a statement of intent to condemn and placard the structure 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 §
288-14 of this chapter.
Whenever a notice of violation as provided for in §
288-26 of this chapter has not been complied with, the Director may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in §
288-15 of this chapter 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 Board in the manner provided for in Article
V of this chapter.
Any structure condemned as unfit for continued
occupancy shall be so designated and placarded and shall be vacated
with such reasonable time as the Director may specify in the compliance
order.
No structure which has been condemned and placarded
as unfit for continued occupancy shall again be occupied until written
approval thereof and removal of the placard is secured from the Director.
No person shall deface or remove the placard from any structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in §
288-29 above.
Whenever a notice of violation as provided for in §
288-32 of this chapter has not been complied with, the Director may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to demolish the structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, as shown by the records of the Recorder of Deeds, in the manner provided for in §
288-15 of this chapter; provided, however, 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 Board in the manner provided for in Article
V of this chapter.
Whenever a compliance order to repair, alter
or secure a structure found by the Director to be unfit for continued
occupancy has not been complied with, the Director 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 structure. For
the purpose of this subsection, any repair, alteration or securing
that is determined by the Director to cost 50% or less of the assessed
valuation of the structure shall be deemed to be reasonable. The power
of the Director to repair or alter shall be limited to the alleviation
of conditions which affect occupied structures.
Whenever a compliance order issued pursuant to the provisions of §
288-33 of this chapter and providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the Director to be more than 50% of the assessed valuation of the structure, the Director may demolish the structure at the expense of the owner.
Whenever the owner fails to comply with an order to repair, alter or improve or to demolish a structure which has been determined to be unfit for continued occupancy, and the Director has taken direct action pursuant to the provisions of §§
288-34 and
288-35, 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 structure is demolished by the Director, he or she may sell the materials of such structure, 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.