The Housing Code Inspector shall be responsible for the administration and enforcement of this chapter.
A. 
The Housing Code Inspector shall be charged with the duty of administering the housing standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance. Such rules and regulations shall not be in conflict with the housing standards or with any provision of law.
B. 
The Housing Code Inspector shall be empowered to:
(1) 
Prescribe, and secure compliance with, housing requirements for mobile homes used as temporary relocation housing in connection with an urban renewal, public improvement, or other publicly aided program.
(2) 
Request, and shall receive, so far as may be necessary in the discharge of his duties, the cooperation of other officials or agencies of the municipality.
(3) 
Require the registration of premises and to issue certificates of compliance with respect to the use and occupancy of premises, or to issue temporary certificates, limited to premises or parts thereof before or during the performance of any work to eliminate or correct violations or deficiencies, for an initial period of 90 days, renewable for additional ninety-day periods.
(4) 
Require independent inspections and tests of equipment and systems used in connection with premises.
(5) 
Conduct surveys to determine the condition of premises, extent of deterioration, lack or adequacy of facilities, adequacy of maintenance, existence of unsafe and insanitary conditions, extent of overcrowding, land use, and other relevant factors affecting safety, health, or welfare.
C. 
It shall be the duty of the Housing Code Inspector to:
(1) 
Make or cause to be made inspections of premises within the scope of the housing standards;
(2) 
Cause an investigation of complaints of alleged violations of the housing standards;
(3) 
Issue written orders for the elimination or removal of conditions affecting or found to exist in, on, or about premises in violation of the housing standards and, where appropriate, order the cessation of an unlawful use or nuisance or the vacation, demolition, or repair of premises found dangerous or unsafe and to state in the violation order a reasonable time limit for compliance therewith and the time within which an appeal may be taken;
(4) 
Request the Corporation Counsel to take appropriate legal action upon failure to comply with a violation order or orders;
(5) 
Keep official records of actions and activities;
(6) 
Cause studies in cooperation with the Planning Board to be made of housing and environmental conditions for the purpose of community improvement;
(7) 
Cooperate with other public and private agencies engaged in the study and improvement of housing and environmental conditions; and
(8) 
Publish an annual report including a summary of actions, activities, results, accomplishments, and studies, as well as current and proposed programs.
A. 
Owners and lessors of premises, or their respective agents, shall, within 90 days from the date of mailing of registration forms by the Housing Code Inspector, file with the Housing Code Inspector on the registration forms provided by the Housing Code Inspector the following information:
(1) 
The names and addresses of the owner and lessor, and of their respective agents, upon whom violation orders may be served;
(2) 
A description of the property, by street and number or otherwise, as will enable the Housing Code Inspector to locate the same; and
(3) 
Such other appropriate information as may be requested, including but not limited to use of premises, available facilities, number of units, and number and size of rooms, together with a schematic diagram showing the typical floor layout of the units and rooms with appropriate designations and identifications.
B. 
Nonresident owners of premises, who are not employed or engaged in business within the municipality and do not customarily and regularly come into the municipality to attend a business office, shall designate an agent who resides within the municipality or customarily and regularly engages in and attends a business in the municipality.
A. 
As scheduled by the Housing Code Inspector, or as required by this chapter or other provisions of law, owners and lessors of premises shall be responsible for the inspection and testing of plumbing, heating, gas, and electrical equipment and systems, sprinkler, standpipe, fire detecting, and fire alarm systems, and elevators, dumbwaiters, and escalators used in connection with such premises.
B. 
Inspections and tests shall be made by qualified persons who, because of experience or education, are recognized as competent by the Housing Code Inspector.
C. 
If any equipment or system is found to be defective or not in proper operating condition upon inspection or test, the owner or lessor shall promptly remedy such defect or condition.
D. 
Reports of inspections and tests, signed by the tester and a witness, together with a statement of any remedial measures to be taken, shall be filed with the Housing Code Inspector within 10 days after each inspection and test. A duplicate of the report shall be kept on the premises, available for examination by the Housing Code Inspector or his or her representatives.
Commencing with the third anniversary of the effective date of this Part 2:
A. 
It shall be unlawful to occupy or use any premises unless and until a certificate of compliance shall have been issued by the Housing Code Inspector certifying that such premises conforms to the housing standards, except that a temporary certificate may be issued upon a showing, to the satisfaction of the Housing Code Inspector, that remedial action is being taken to correct violations.
B. 
A certificate of compliance shall be valid for three years from the date of issue, except a new certificate shall be required for every premises, improved or unimproved, if the use or occupancy is changed, a building or structure is altered, or vacant premises are reoccupied; a certificate may be revoked, by written notice thereof, if upon an inspection premises are found to be in violation of the housing standards.
A. 
The Housing Code Inspector and his or her representatives shall be authorized, in the performance of their duties, to conduct inspections of premises, or parts of premises, at such times and in such manner as the Housing Code Inspector may find convenient or necessary, with the consent of the person in possession or occupancy.
B. 
If admission is refused or cannot be obtained from the person in possession or occupancy, the Housing Code Inspector or his or her representatives shall be authorized to obtain a warrant to make an inspection, provided reasonable or probable cause is shown.
C. 
In case of an emergency, the Housing Code Inspector or his or her representatives may, without a warrant, enter any premises, or parts of premises, to inspect the same, at any time, without the permission of the person in possession or occupancy.
Whenever the Housing Code Inspector, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his or her opinion, requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals, or welfare of the occupants of a building or of the public, he or she may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 182-62. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
Whenever any violation of this chapter which, in the opinion of the Housing Code Inspector, causes a direct hazard or immediate danger to the health, safety, morals, or welfare of the occupants of a building or the public has not been corrected in the time specified by the order issued under § 182-60 of this chapter, the Housing Code Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 182-68 of this chapter.
Whenever a notice of violation, as provided in § 182-67 of this chapter, has not been complied with, the Housing Code Inspector may order the dwelling, dwelling unit, rooming house, or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator, and the occupant, as provided in § 182-67 of this chapter.
No owner of any dwelling, dwelling unit, rooming house, rooming unit, or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance with the provisions of such notice or order has been secured or until such owner shall furnish to the purchaser, transferree, grantee, mortgagee, or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and, at the same time, give adequate notification to the Housing Code Inspector of his intent to sell, transfer, grant, mortgage, or lease and the name and address of such person, persons, or firm to whom or to which the sale, transfer, grant, mortgage, or lease is proposed. A purchaser, transferee, grantee, mortgagee, or lessee who has been informed of the existence of any notice or order issued pursuant to this chapter shall be bound thereby.
Any dwelling, dwelling unit, rooming house or rooming unit having any of the defects found in Subsections A through C herein may be designated by the Housing Code Inspector as unfit for human habitation and may be so placarded.
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 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, because of the location, general conditions, state of the premises, or number of occupants, is so insanitary, unsafe, overcrowded, or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
A. 
Any dwelling, dwelling unit, rooming house, or rooming unit designated as unfit for human habitation and ordered vacated shall be vacated within such reasonable time as the Housing Code Inspector shall direct.
B. 
No such dwelling, unit or house shall be used again for human habitation or the placard removed until written approval is secured from the Housing Code Inspector.
C. 
No dwelling, dwelling unit, rooming house, or rooming unit against which a notice of violation has been served and which is vacant at the time of such notice shall be occupied or rented until written approval is secured from the Housing Code Inspector.
The owner, agent, or operator of any dwelling, dwelling unit, rooming house, or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house, or rooming unit safe and secure in whatever manner the Housing Code Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
A. 
Whenever the Housing Code Inspector finds that there has been a violation of the housing standards, the Housing Code Inspector shall issue a violation order to the person or person responsible. The Housing Code Inspector shall also issue a violation order to the person or persons responsible for failure to file or maintain reports, or for the furnishing of a false statement, or for interference with an inspector lawfully authorized to enter premises, or in connection with the occupancy of premises for which no certificate of compliance has been obtained as required, or when a building or structure has been found to be or is deemed to be dangerous or unsafe hereunder. The order shall:
(1) 
Be in writing;
(2) 
Identify the premises;
(3) 
Specify the violation and remedial action to be taken;
(4) 
Provide a reasonable time limit for compliance; and
(5) 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order the Housing Code Inspector may remedy the violation.
B. 
A violation order may be served as follows:
(1) 
By personal service;
(2) 
By mailing, by registered or certified mail, to the person whose name has been filed with the Housing Code Inspector, in accordance with this Part 2, to his or her address as therewith filed, or to the occupant, of a copy of such order; or
(3) 
If the owner, lessor, or their respective agent cannot be served by registered or certified mail as provided in Subsection B(2) above, by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the last known address of the owner, lessor, or their respective agent as shown on the assessment roll of the City of Auburn, or records in the office of the Housing Code Inspector, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor or their respective agent.
C. 
In case the owner, lessor, occupant, or the agent of any of them shall fail, neglect, or refuse to remove, eliminate, or abate the violation within the time specified, the Housing Code Inspector shall request the Corporation Counsel to take appropriate legal action.
D. 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe and the violation order has been served but the violation has not been remedied within the time limit specified in such violation order, the Housing Code Inspector may proceed as provided in Article VII of Chapter 125, Building Construction and Fire Prevention, of this Municipal Code.
Costs incurred by the Housing Code Inspector in eliminating or removing nuisances and dangerous or unsafe conditions shall be paid for by the municipal treasury upon certification of the Housing Code Inspector. Such costs shall be charged against the premises and shall constitute a lien thereon in favor of the municipality, and the amount of such costs shall be entered on the tax rolls as being due and payable. Such costs may also be recovered in any other lawful manner and, in particular, Chapter 125 of this Municipal Code.
The Housing Code Inspector shall keep official records of, but not limited to, registrations and reports filed, certificates issued, complaints received, inspections made, violations found, orders issued, and actions taken. Such records shall be public records, open to inspection during business hours. Copies or transcripts of such records shall be furnished upon written application and payment of any and all lawful fees.