Subdivision VI. - Unfit Structures

Footnotes:

--- (9) --- Editor's note— Ch. 401, § II, adopted Sept. 5, 2006, changed the title of subdivision VI from "unfit dwellings" to "unfit structures."

Cross reference— Health and sanitation, ch. 7; nuisances, ch. 10.

Sec. 4-406. - Grounds generally.#

Any nonresidential structure, which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and shall be so designated and placarded by the chief inspector: (1)

One which, according to the provisions of this chapter, 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 this chapter and which, because of its general conditions, 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 this chapter, 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.

(Rev. Ords. 1987, § 4-406; Ch. 401, § III, 9-5-06)

Sec. 4-407. - Notice of violation and intent to condemn.#

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 4-93 a statement of his intent to condemn and placard the structure 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.

(Rev. Ords. 1987, § 4-408; Ch. 401, § V, 9-5-06)

Editor's note— Ch. 401, §§ IV—XVI, adopted Sept. 5, 2006, repealed section 4-407 in its entirety and renumbered former sections 4-408—4-419 as new sections 4-407—4-418. Former section 4-407 pertained to roominghouses, etc., and derived from Rev. Ords. 1987, § 4-407.

Sec. 4-408. - Order to vacate.#

Whenever a notice of violation as provided for in section 4-407 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance shall be 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 through 4-100.

(Rev. Ords. 1987, § 4-409; Ch. 401, § VI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-409. - Vacation required and issuance of order.#

Any structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order.

(Rev. Ords. 1987, § 4-410; Ch. 401, § VII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-410. - Occupancy of condemned building prohibited without written approval.#

No structure which has been condemned and placarded as unfit for continued occupancy shall again be occupied until written approval therefore and for removal of the placard is secured from the chief inspector.

(Rev. Ords. 1987, § 4-411; Ch. 401, § VIII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-411. - Removal of notice of condemnation.#

No person shall deface or remove the placard from any structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-410.

(Rev. Ords. 1987, § 4-412; Ch. 401, § IX, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-412. - Duty of owner to secure condemned dwelling.#

The owner of every structure which is condemned as unfit for continued occupancy and vacated shall make such structure safe and secure in whatever manner the chief inspector may deem necessary so that the structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance. Any such vacant structure open at doors and windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision.

(Rev. Ords. 1987, § 4-413; Ch. 401, § X, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-413. - Duty of owner to secure abandoned and/or unoccupied dwelling.#

(a)

Generally. The owner of every structure which is abandoned and/or unoccupied shall make such structure safe and secure in that all windows, doors, bulkheads or entryways shall be covered in a workmanlike manner with at least half-inch plywood or equal material; such covering must be painted or stained to match the present color of the structure. The structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance. Any such abandoned and/or unoccupied structure open at doors and/or windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and public nuisance within the meaning of this provision.

(b)

Violation; penalty. All violators of this section who fail to meet the above standards after notice thereof of not more than ten days shall be fined $50.00 per day for each day the violation exists. The minimum property standards board shall have the right to review, suspend or waive all fines levied under this section.

(Rev. Ords. 1987, § 4-413.1; Ch. 401, § XI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-414. - Notice of violation and intent to demolish.#

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure he shall include within the notice of violation provided for in section 4-93 a statement of his intent to order the demolition of the structure; provided, however, that the owner at his discretion may repair, alter or improve the structure in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value or may demolish the structure at his own expense pursuant to the provisions of section 4-91; provided further, that the owner alleviate the violation within the time specified in the notice of violation. A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such structure 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 by publication in a newspaper of general circulation in the city once a week for two successive weeks. For 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 structure shall be deemed to be not reasonably related to the value of the structure.

(Rev. Ords. 1987, § 4-414; Ch. 401, § XII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-415. - Demolition order.#

Whenever a notice of violation as provided for in section 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to demolish the structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure as shown by the records of the recorder of deeds in the manner provided for in section 4-94; provided however, that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once 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 through 4-100 and the notice of violation and order to demolish shall so state.

(Rev. Ords. 1987, § 4-415; Ch. 401, § XIII, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-416. - When chief inspector to make repairs.#

Whenever a compliance order to repair, alter or secure a structure found by the chief inspector to be unfit for 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 the structure. 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 structure 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.

(Rev. Ords. 1987, § 4-416; Ch. 401, § XIV, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-417. - When chief inspector to proceed with demolition; liability for expense of demolition.#

Whenever a compliance order issued pursuant to the provisions of section 4-415 and providing for the demolition of a structure has not been complied with and the cost of the repair has been determined by the chief inspector to be more than 50 percent of the assessed valuation of the structure, the chief inspector may demolish the structure at the expense of the owner.

(Rev. Ords. 1987, § 4-417; Ch. 401, § XV, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-418. - Liens and charges to recover expense of demolition by chief inspector.#

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a structure which has been determined to be unfit for continued occupancy and the chief inspector has taken direct action pursuant to the provisions of sections 4-416 and 4-417, the costs incurred by him 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 structure is demolished by the chief inspector, he may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner. If any balance remains, it shall be held for the owner or any other parties entitled thereto, and in every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten percent service charge in addition thereto.

(Rev. Ords. 1987, § 4-418; Ch. 401, § XVI, 9-5-06)

Editor's note— See Editor's note following section 4-407.

Sec. 4-419. - 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, § XVII, 9-5-06)

Sec. 4-420. - Notice of intent to condemn.#

Whenever the chief inspector determines that a nonresidential structure 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 nonresidential structure 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, § XVII, 9-5-06)

Sec. 4-421. - Order to vacate.#

Whenever a notice of violation, as provided for in section 4-414, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the nonresidential structure 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, § XVII, 9-5-06; Ch. 423, § IV, 5-15-07)

Sec. 4-422. - Placarding and vacation of unfit nonresidential structures.#

Any nonresidential structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as chief inspector may specify in the compliance order.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-423. - Use of condemned nonresidential structures prohibited.#

A nonresidential structure which has been condemned and placarded as unfit for continued occupancy shall remain unoccupied until the chief inspector provides written approval of occupancy and grants permission to remove the placard.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-424. - Removal of placards from condemned nonresidential structures.#

No person shall deface or remove the placard from any nonresidential structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-423.

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

Sec. 4-425. - Securing of vacated and nonresidential structures.#

(a)

Whenever any nonresidential 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 nonresidential 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 nonresidential 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 nonresidential 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 nonresidential 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 nonresidential structure should be demolished or otherwise made safe, the chief inspector shall issue a compliance order to the effect that such nonresidential 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 structure 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 nonresidential structure up for sale on terms, conditions, and limitations which would provide for the rehabilitation of the structure 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 structure without further notice or proceedings. In either case, such nonresidential structure 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 nonresidential structure as may be found to be necessary or warranted by the evidence.

(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 4-418.

(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, § XVII, 9-5-06; Ch. 423, § VI, 5-15-07)

Sec. 4-426. - Notice of intent to demolish.#

(a)

Whenever the chief inspector determines that a nonresidential structure is unfit for human occupation, and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure, 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 nonresidential structure, provided that the owner, at his or her discretion, may repair, alter or improve the structure in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the structure 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 nonresidential structure, 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 nonresidential structure shall be deemed to be not reasonably related to the value of the structure.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-427. - Order to demolish.#

Whenever a notice of violation provided for in section 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for human occupation, and such finding shall be an order to demolish the nonresidential structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, 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 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, § XVII, 9-5-06; Ch. 423, § VII, 5-15-07)

Sec. 4-428. - Power of chief inspector to alleviate violation; limitation.#

Whenever a compliance order to repair, alter or secure a nonresidential structure found by the chief inspector to be unfit for human occupation 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 structure. 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 nonresidential structure 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 structures.

(Ch. 401, § XVII, 9-5-06)

Sec. 4-429. - 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 structure 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 structure, 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, § XVII, 9-5-06)

Sec. 4-430. - Liens and charges to cover expenses.#

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a nonresidential dwelling which has been determined to be unfit for human occupation, and the chief inspector has taken direct action pursuant to the provisions of sections 4-428 or 4-429, 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 nonresidential structure is demolished by the chief inspector, he or she may sell the materials of such structure, 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 the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

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