The text
Sec. 34-121. - Designated.#
(a)
Any dwelling or dwelling unit which shall be found by the director to have any of the defects enumerated in this section shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the director:
(1)
One which according to the provisions of section 34-186, 34-187 or 34-188 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 section 34-189, and which because of its general condition, number of occupants or location, is so insanitary, 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 section 34-190 is so decayed, damaged, dilapidated, insanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(b)
Any roominghouse or rooming unit which shall be found by the director to be in violation of any provision of division 6 of this article which violation creates a serious hazard to the health or safety of the occupants or of the public shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the director in accordance with the provisions of sections 34-122—34-127.
(Code 1986, § 10-76)
Sec. 34-122. - Notice of violation and intent to condemn.#
Whenever the director determines that a dwelling or dwelling unit, roominghouse or rooming unit is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 34-94, a statement of his intent to condemn and placard the dwelling, dwelling unit, roominghouse 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 34-94.
(Code 1986, § 10-77)
Sec. 34-123. - Order to vacate.#
(a)
Whenever a notice of violation as provided for in section 34-122 has not been complied with, the director may include within the compliance order, a finding to the effect that the dwelling, dwelling unit, roominghouse or rooming unit is unfit for continued occupancy and such finding shall be an order to vacate.
(b)
Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 34-96, 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 minimum housing board of review in the manner provided for in section 34-187.
(Code 1986, § 10-78)
Sec. 34-124. - Vacation.#
Any dwelling, dwelling unit, roominghouse or rooming unit condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the director may specify in the compliance order.
(Code 1986, § 10-79)
Sec. 34-125. - Condemnation of dwelling occupancy.#
No dwelling, dwelling unit, roominghouse or rooming unit which has been condemned and placarded as unfit for continued occupancy shall be used again for habitation until written approval therefor and for removal of the placard is secured from the director.
(Code 1986, § 10-80)
Sec. 34-126. - Removal of placard.#
No person shall deface or remove the placard from any dwelling, dwelling unit, roominghouse or rooming unit which has been condemned as unfit for continued occupancy and placarded as such except as provided in section 34-125.
(Code 1986, § 10-81)
Sec. 34-127. - Vacated dwellings to be made secure.#
The owner of every dwelling, dwelling unit, roominghouse or rooming unit which is condemned as unfit for continued occupancy and vacated shall make such dwelling, dwelling unit, roominghouse or rooming unit safe and secure in whatever manner the director may deem necessary so that the dwelling, dwelling unit, roominghouse or rooming unit shall not be dangerous to human life, and shall not constitute either a fire hazard or a public nuisance. Any such vacant dwelling open at doors or windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this section.
(Code 1986, § 10-82)
Sec. 34-128. - Notice of violation and intent to demolish.#
(a)
Whenever the director determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy, as provided in this division, and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he shall include within the notice of violation provided for in section 34-94 a statement of his intent to order the demolition of the dwelling; provided, however, that the owner at his 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 own expense pursuant to the provisions of section 34-103 and further provided that the owner 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 34-94; provided, however, if any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the town once a week for two successive weeks.
(c)
For purposes of this section, any repair, alteration or improvement that is determined by the director 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.
(Code 1986, § 10-83)
Sec. 34-129. - Order to demolish.#
(a)
Whenever a notice of violation as provided for in section 34-128 has not been complied with, the director 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 34-96; provided, however, that if any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the town 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.
(b)
An appeal from such compliance order may be taken to the minimum housing board of review in the manner provided for in division 3 of this article.
(Code 1986, § 10-84)
Sec. 34-130. - Director to make repairs.#
(a)
Whenever a compliance order to repair, alter or secure a dwelling found by the director to be unfit for human habitation and continued occupancy has not been complied with, the director 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 dwelling.
(b)
For the purposes of this section, any repair, alteration or securing that is determined by the director to cost 50 percent or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the director to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.
(Code 1986, § 10-85)
Sec. 34-131. - Director to demolish dwelling at owner's expense.#
Whenever a compliance order issued pursuant to the provisions of section 34-129 and providing for the demolition of a dwelling, has not been complied with and the cost of repair has been determined by the director to be more than 50 percent of the assessed valuation of the dwelling, the director may demolish the dwelling at the expense of the owner.
(Code 1986, § 10-86)
Sec. 34-132. - Liens and charges to recover expenses.#
(a)
Whenever the owner fails to comply with an order to repair, alter or improve or to demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the director has taken direct action pursuant to the provisions of section 34-130 or 34-131, the costs incurred by him in such action shall be a lien against the real property. Such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property and shall be recorded.
(b)
If the dwelling is demolished by the director, he may sell the materials of such dwelling, 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. 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.
(Code 1986, § 10-87)
Sec. 34-133. - Revolving escrow fund.#
(a)
Notwithstanding any lease or other agreement, if the director has ordered the repair, alteration or improvement of a dwelling that he has designated to be an unfit dwelling, as provided for in this division, then the obligation of payment of rent to the landlord shall be suspended. The rent shall be paid into the special revolving fund as established in this section to be paid thereafter to the landlord or any other party authorized by the director to make the prescribed repairs to defray the cost of correcting the conditions. No action shall be maintained by the landlord against the tenant for such rent or possession.
(b)
If the tenant fails to make the rent payments to the special revolving fund hereby established, then an action for rent or possession may be maintained subject to such defenses as the tenant may have under the lease or agreement.
(c)
The town manager shall establish such special revolving escrow fund for the depositing of any such rent payments as ordered into it by the director. The town manager shall approve vouchers for the release of all sums from the special revolving fund. Upon satisfactory completion of the repairs, any excess sums due the landlord and not used to defray the cost of the repairs shall be forthwith paid over to the landlord.
(Code 1986, § 10-88)
Sec. 34-134. - Relocation of occupants.#
Notwithstanding the other provisions of this division, no dwelling shall be required to be vacated or demolished by the director under the powers granted to him by the provisions of this article, 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 meets the requirements of this article.
(Code 1986, § 10-89)