§ 9-259. Units unfit for human habitation and the procedure for condemnation—Designation.

The designation of dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units as unfit for human habitation and the procedure for the placarding and condemnation of such unfit structures and units shall be carried out in compliance with the following requirements:

(1)

The head of the enforcing agency shall declare as unfit for human occupancy any dwelling, dwelling unit, hotel, hotel unit, rooming house or rooming unit which is found to have any of the following defects:

a.

One which is so dilapidated, damaged, decayed, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public.

b.

One which lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or of the public.

c.

One which, because of its general condition or location, is unsanitary, or otherwise dangerous to the health or safety of the occupants or the public.

(2)

The head of the enforcing agency shall give to the owner or person in charge of any dwelling, dwelling unit, hotel, hotel unit, rooming house or rooming unit found to be unfit for human occupancy written notice to the effect that such dwelling, dwelling unit, hotel unit, rooming house or rooming unit is unfit for human occupancy and such notice shall:

a.

Summarize the defects which serve as the basis for declaring the dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit as unfit for human occupancy.

b.

Order the building, structure, or portion thereof, to be vacated within five (5) days and not reoccupied until a certificate of occupancy is issued by the sustainable development department of the city.

c.

Require the owner or person in charge of the building or premises, within fifteen (15) days from the date of the notice, to commence either the necessary repairs or improvements or the demolition or removal of the building structures or parts thereof.

d.

Stipulate that a permit as required by the building code be obtained prior to the start of any repairs, improvements, demolition or removal of the building or structure and that all work covered by the permit shall be completed within ninety (90) days from the date thereof, unless otherwise stipulated by the head of the enforcing agency.

e.

Inform the person on whom the notice is served of his right to apply for, within fifteen (15) days, a hearing by the unsafe structures and housing appeals board in accordance with section 9-258(e).

(3)

Proper service of such notice shall be by personal service upon the owner of record, if he shall be found. If the person addressed with such notice cannot be found after diligent search, then such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises, and such procedure shall be deemed the equivalent of personal service.

(4)

In addition to giving the notice, the head of the enforcing agency shall placard, or cause to be placarded, that dwelling, dwelling unit, hotel, hotel unit, rooming house or rooming unit which is declared unfit for human occupancy.

a.

The placard shall be signed by the head of the enforcing agency and posted in a conspicuous place on the premises. It shall be red in color and contain the following script:

"These premises not fit for human occupancy and, in the opinion of the undersigned, unsafe. Notice has been given and these premises shall not be used or occupied. This placard shall not be removed except by an authorized representative of the enforcing agency."

b.

No person, except a representative of the enforcing agency, shall deface or remove the placard from any premises which have been declared and placarded as unfit for human habitation.

c.

The head of the enforcing agency shall order the placard removed whenever the defect or defects upon which the placarding action was based have been eliminated.

(5)

Whenever any premises are designated as unfit for human habitation, as provided in this article, the enforcing agency shall determine the relationship of the cost necessary to correct the violation to the value of the building.

a.

If the cost of the corrective measures to be taken exceeds fifty (50) percent of the value, based on current replacement cost less reasonable depreciation, such building shall be demolished and removed.

b.

If the cost of the corrective measures does not exceed fifty (50) percent of the value, based on current replacement cost, less reasonable depreciation, such building may be repaired, renovated, or otherwise made to comply with the requirements of this article.

(Code 1953, § 48-48; Ord. No. C-75-26, § 2, 3-18-75; Ord. No. C-17-28 , § 42, 9-13-17)