Subdivision X. - Dwellings Unfit for Human Habitation

Sec. 4-284. - Designation, placarding and vacation of unfit dwelling.#

Any dwelling, dwelling unit, rooming house or rooming unit which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and human habitation, shall be so designated and placarded by the chief inspector and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order: (1)

One which, according to the provisions of sections 4-137 to 4-200 and sections 4-267 to 4-278, 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.

(2)

One which, according to the provisions of sections 4-211 to 4-216 and section 4-281, and which, because of its general condition, number of occupants or location, is so unsanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.

(3)

One which, according to the provisions of sections 4-231 to 4-240, section 4-280, section 4-282 and §4-283, is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(Ch. 401, § I, 9-5-06)

Sec. 4-285. - Order to vacate, imminent danger to public health, safety or welfare.#

When, in the opinion of the chief inspector, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the chief inspector is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The chief inspector shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Chief Inspector." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same.

(Ch. 401, § I, 9-5-06)

Sec. 4-286. - Notice of intent to condemn.#

Whenever the chief inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to condemn and placard the dwelling, dwelling unit, rooming house or rooming unit 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 section 4-93.

(Ch. 401, § I, 9-5-06)

Sec. 4-287. - Order to vacate.#

Whenever a notice of violation, as provided for in section 4-422, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 4-94, and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

(Ch. 401, § I, 9-5-06)

Sec. 4-288. - Use of condemned dwellings prohibited, removal of placard on condemned dwelling prohibited.#

A dwelling, dwelling unit, rooming house or rooming unit which has been condemned and placarded as unfit for continued occupancy shall remain uninhabited until the chief inspector provides written approval of habitation and grants permission to remove the placard.

Additionally, no person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-425.

(Ch. 401, § I, 9-5-06)

Sec. 4-289. - Securing of vacated dwellings and structures.#

(a)

Whenever any dwelling or accessory structure shall become vacant and open at any door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers, such building will be deemed to be dangerous or unsafe.

(b)

When a vacant dwelling or accessory structure becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, such building shall be deemed to be dangerous and unsafe.

(c)

When a vacant dwelling or accessory structure has been damaged, vandalized, or deteriorated to such an extent as to be unfit or unsuitable for occupancy, such building shall be deemed to be dangerous and unsafe.

(d)

When the whole or any part of any dwelling or accessory structure is deemed to be in a dangerous or unsafe condition, the chief inspector shall issue a notice of the dangerous and unsafe conditions to the owner of record, requiring the appearance of such owner of a record at a hearing before the chief inspector within 14 days to show cause why the dwelling or accessory structure should not be demolished or otherwise made safe. All notices shall be in writing in accordance with section 4-93.

(e)

When it is determined at the hearing that the dwelling or accessory structure should be demolished or otherwise made safe, the chief inspector shall issue a compliance order to the effect that such dwelling or accessory structure shall be demolished or otherwise made safe within a time not to exceed 90 days. Where no emergency exists, the owner may either consent in writing to rehabilitate the dwelling so that it complies in all respects with this chapter within six months and must provide, if required by the chief inspector, a performance bond guaranteeing that the work will be done; or the owner may put the dwelling up for sale on terms, conditions, and limitations which would provide for the rehabilitation of the dwelling thereon within a six-month period. The owner shall further agree that if rehabilitation or sale does not occur within the six-month period, the chief inspector may thereafter demolish the dwelling without further notice or proceedings. In either case, such dwelling shall be secured in accordance with subsection (h) of this section.

(f)

Should the owner of record fail to appear at the hearing, the chief inspector shall take action to demolish or otherwise make safe the dwelling or accessory structure as may be found to be necessary or warranted by the evidence in his or her file.

(g)

The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-294.

(h)

Any building which is boarded for any reason shall comply with the following specifications: all openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches or structural appurtenances on all floors must be covered from the exterior with one-half-inch-thick plywood secured with either 10d common nails or screws of a minimum length of one and one-half inches, placed 12 inches on center. All other windows shall be secured from the exterior with either plywood or seven-eighths-inch matched boards.

(Ch. 401, § I, 9-5-06; Ch. 423, § I, 5-15-07)

Sec. 4-290. - Notice of intent to demolish.#

(a)

Whenever the chief inspector determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy, and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to order the demolition of the dwelling, provided that the owner, at his or her discretion, may repair, alter or improve the dwelling in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the dwelling at his or her own expense pursuant to the provisions of section 4-104; provided further, that the owner shall alleviate the violation within the time specified in the notice of violation.

(b)

A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such dwelling, as shown by the records of the recorder of deeds, in the manner provided for in section 4-93 provided 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.

(c)

For the purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than 50 percent of the assessed valuation of the dwelling shall be deemed to be not reasonably related to the value of the dwelling.

(Ch. 401, § I, 9-5-06)

Sec. 4-291. - Order to demolish.#

Whenever a notice of violation provided for in section 4-286 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the dwelling, as shown by the records of the recorder of deeds, in the manner provided for in section 4-104, provided 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 for 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 property standards board of review in the manner provided for in sections 4-96 to 4-100.

(Ch. 401, § I, 9-5-06; Ch. 423, § II, 5-15-07)

Sec. 4-292. - Power of chief inspector to alleviate violation; limitation.#

Whenever a compliance order to repair, alter or secure a dwelling found by the chief inspector to be unfit for human habitation and continued occupancy has not been complied with, the chief inspector 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 dwelling. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost 50 percent or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.

(Ch. 401, § I, 9-5-06)

Sec. 4-293. - Demolition of structure at owner's expense.#

Whenever a compliance order issued pursuant to the provisions of sections 4-96 to 4-100 providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the chief inspector to be more than 50 percent of the assessed valuation of the dwelling, the chief inspector may apply to a court of competent jurisdiction for a demolition order to undertake the demolition at the expense of the owner. The court may grant the order when no reconsideration or hearing on the matter is pending.

(Ch. 401, § I, 9-5-06)

Sec. 4-294. - Liens and charges to cover expenses.#

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the chief inspector has taken direction action pursuant to the provisions of sections 4-292 or 4-293, 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 dwelling is demolished by the chief inspector, he or she may sell the materials of such dwelling, 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 costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

(Ch. 401, § I, 9-5-06; Ch. 423, § III, 5-15-07)

Sec. 4-295. - Relocation of occupants.#

Notwithstanding the other provisions of this division, no dwelling shall be required to be vacated or demolished by the chief inspector under the powers granted to him or her by the provisions of this chapter until persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe and sanitary dwelling which meet the requirements of this chapter. The expense of providing alternate housing for persons ordered to vacate the dwelling shall be borne by the owner of the dwelling. Should the owner fail to pay for such alternate housing, the city will accommodate said occupants for up to one week, and will seek reimbursement for such accommodations from the property owner.

(Ch. 401, § I, 9-5-06)