A. 
Whenever a petition is filed with the code enforcement agency by at least 10 residents of the City charging that any dwelling is unfit for human habitation, or whenever it appears to the Housing Inspector that any dwelling is unfit for human habitation, the Housing Inspector shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in such dwelling (including persons in possession), a complaint stating the charges in that respect. If the person to be served resides outside the state, service may be made upon him by registered mail, or otherwise in accordance with § 182-23B of this chapter. If there are unascertained persons having an interest in the dwelling, notice may be given to them by publication in a newspaper having general circulation in the City, such publication to be at least 10 days before the date set for the hearing. The complaint shall contain a notice that a hearing will be held before the Board of Housing Appeals at a place therein fixed not less than 10 days nor more than 30 days after service of the complaint that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint and that the rules of evidence prevailing in the courts of law or equity shall not be controlling in hearings before the Board of Housing Appeals.
B. 
Nothing in this section shall be construed to impair or limit in any way the power of a private citizen to bring complaint in the court against any person who does not comply with the minimum standards of this chapter.
C. 
Nothing in this section shall be construed to impair or limit the power of the City to enforce any provision of its Charter or of the City Code or to define and declare nuisances and to cause their removal or abatement according to applicable law.
A. 
If, after the notice and hearing, the Board of Housing Appeals determines, according to the standards of this chapter, that the dwelling under consideration is unfit for human habitation, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owners thereof an order which, if the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to repair, after or improve the dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation. If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, the Board shall issue an order requiring the owner, within the time specified in the order, to remove or demolish the dwelling.
B. 
After an order in accordance with Subsection A of this section, the Housing Inspector shall placard the affected dwelling, lodging house, dwelling unit or lodging unit unfit for human habitation, and shall post, in a conspicuous place or places upon the affected dwelling, lodging house, dwelling unit or lodging unit, a placard or placards bearing the following words: "Condemned as Unfit for Human Habitation."
C. 
Any dwelling, lodging house, dwelling unit or lodging unit which has been determined unfit for human habitation and which has been placarded as such by the Housing Inspector shall be vacated within a reasonable time as required by the Inspector. No owner or operator shall rent to any person for human habitation, and no person shall occupy, any dwelling, lodging house, dwelling unit or lodging unit which has been determined unfit for human habitation and which has been placarded by the Housing Inspector after the date which the Inspector has required the affected dwelling, lodging house, dwelling unit or lodging unit to be vacated.
D. 
No dwelling, lodging house, dwelling unit or lodging unit which has been determined unfit for human habitation and which has been placarded as such shall again be used for human habitation until written approval is secured from, and the placard is removed by, the Code Enforcement Department. The Code Enforcement Department shall remove the placard whenever the defect or defects upon which the determination of unfit for human habitation was based have been eliminated.
E. 
No person shall deface or remove the placard from any dwelling, lodging house, dwelling unit or lodging unit which has been determined unfit for human habitation and placarded as such.
F. 
If the owner fails to comply with an order to repair, alter, improve or vacate and close the dwelling, or to remove or demolish the dwelling, the City may file a petition in the superior court in which it shall set forth the charges issued pursuant to § 182-23, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation.
If any owner is aggrieved by a decision of the Board of Housing Appeals, he may appeal to the Mayor and Board of Aldermen. The Mayor and Board of Aldermen shall hold a public hearing, due notice of hearing having first been given to the Board of Housing Appeals and to the owner. The Mayor and Board of Aldermen may affirm or revoke the decision of the Board of Housing Appeals, or they may modify the same in accordance with their findings. If they shall affirm or modify the decision, the Code Enforcement Department shall proceed to enforce the order as affirmed or so modified. If the Mayor and Board of Aldermen shall revoke the decision, the proceedings shall be terminated.
Whenever the City shall incur costs for the repair, alteration, improvement, vacating, closing, removal or demolition of a dwelling pursuant to an order of the Superior Court, the amount of the costs shall be a lien against the real property on account of which the costs were incurred, and the lien (including as part thereof, upon allowance, City's costs and necessary attorneys fees) may be foreclosed upon order of the Superior Court made pursuant to a petition for that purpose filed in that Court. The lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter. Notice of the lien shall be filed with the Register of Deeds for the county in which the real estate is situated, and shall be recorded by him. If the dwelling is demolished by the City, it shall sell the materials of such dwelling and pay the proceeds of the sale over to the Superior Court for distribution to such persons as the Court shall find entitled thereto.
A. 
Created; terms of members. There is hereby created a Board of Housing Appeals consisting of the Welfare Officer, the Health Officer and the Fire Chief. Terms shall correspond with their respective official tenure.
B. 
Chairman; meetings. The Welfare Officer shall be Chairman of the Board. The Chairman shall preside over hearings and administer affirmations and may vote on all matters. In the Chairman's absence the Board shall elect an Acting Chairman from its membership, who shall assume the responsibility of the Chairman. The Board shall meet on the call of the Chairman.
C. 
Quorum; appeals. The presence of two members shall constitute a quorum, and the concurring vote of two members shall be necessary to modify or withdraw any notice of the Housing Inspector. The Board shall hear appeals in open meetings at which the rules of evidence in effect in the courts shall not apply.
D. 
Rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect its function under this chapter.
E. 
The Board shall maintain a permanent record of all its meetings and hearings and copies of all complaints, notices, orders and received correspondence pertaining to its work.
Any dwelling which has any or all of the following general substandard conditions shall be deemed unfit for human habitation:
A. 
Any dwelling which has become or is so dilapidated, decayed, unsafe, unsanitary or which fails to provide the facilities essential to decent living, or which is likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein;
B. 
Any dwelling having light and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein;
C. 
Any dwelling having inadequate facilities for egress in case of fire or panic, or having insufficient stairways, fire escapes or other means of communication;
D. 
Any dwelling which has parts which are so attached that they may fail and injure members of the public or damage property;
E. 
Any dwelling which, because of its condition, is unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
Any dwelling which has any or all of the following defects of structural elements shall be deemed unfit for human habitation:
A. 
Any dwelling whose interior walls or other vertical members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base;
B. 
Any dwelling which, exclusive of the foundation, shows 33% or more of damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering;
C. 
Any dwelling whose foundation will not adequately support the dwelling structure at all points.