Unfit premises shall be any premises within
the scope of this chapter, having any of the following defined defects
and may be designated by the Chief Officer of the Agency as unfit
for human habitation and may be so placarded if:
A.
The structure lacks illumination, ventilation, sanitation,
heat or other facilities adequate to protect the health and safety
of the occupants or the public.
B.
The structure or premises is damaged, decayed, dilapidated,
insanitary, unsafe or vermin-infested in such a manner as to create
a serious hazard to the health and safety of the occupants or the
public.
C.
The structure or premises, because of the location,
general condition, state of the premises or number of occupants, is
so unsanitary, unsafe, overcrowded or otherwise detrimental to health
and safety that it creates a serious hazard to the occupants or the
public.
D.
The structure, because of the failure of the owner
or occupant to comply with such notices or orders pursuant to this
chapter, is unfit for human habitation.
Whenever the Chief Officer of the Agency determines that any premises are unfit for human habitation as provided in the preceding section, he must include finding within the notice of violation provided for in § 77-32, along with a statement of his intent to order the premises vacated and to placard said premises, if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation, as provided in the preceding section, has not been complied with, the Chief Officer of the Agency may placard and issue a final order, pursuant to § 77-34, directing the premises or any part thereof to be vacated and a copy of said order shall be served, in addition to the persons responsible, on the tenants affected thereby.
Any premises ordered placarded and vacated as provided in § 77-25 shall be vacated within such reasonable time as the Chief Officer of the Agency may specify in the order. No such premises shall again be used for human habitation and the placard removed until written approval is secured from the Chief Officer of the Agency.
No person shall deface or remove the placard from any such premises which has been designated as unfit for human habitation, except as provided in § 77-26.
The owner, agent or operator of any premises
which has been designated as unfit for human habitation and vacated
shall make such premises safe and secure for the protection of the
public in a manner satisfactory to the Chief Officer of the Agency.
A.
Whenever the Chief Officer of the Agency designates a building unfit for human habitation, he may include within the notice of violation provided for in § 77-32 a statement of his intent to order the demolition of the structure. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.
