Sec. 34-111. - Compliance.

The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the requirements set forth in this division.

(Code 1968, § 34-25)

Sec. 34-112. - Grounds for condemnation.

(a)

Any dwelling or dwelling unit which the commissioner of licenses and inspections shall find to have any of the following defects shall be condemned as unfit for human habitation:

(1)

One which is so damaged, decayed, dilapidated, unsanitary, difficult to heat, unsafe or vermin-infested that it creates a hazard to the health or welfare of the occupants or of the public;

(2)

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

(3)

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

(b)

Any dwelling or dwelling unit may be condemned as unfit for human habitation by the commissioner of licenses and inspections if the owner or occupant failed to comply with any order based on the provisions of this chapter or any rules or regulations adopted pursuant thereto; provided, that such dwelling or dwelling unit is, in the opinion of the commissioner of licenses and inspections unfit for human habitation by reason of such failure to comply.

(Code 1968, § 34-26)

Sec. 34-113. - Notice of condemnation and intent to placard.

Whenever the commissioner of licenses and inspections has condemned a dwelling or dwelling unit as unfit for human habitation, he shall give notice to the owner of such condemnation and of his intent to placard the dwelling or dwelling unit as unfit for human habitation. Such notice shall:

(1)

Be put in writing;

(2)

Include a description of the real estate sufficient for identification;

(3)

Include a statement of the reason why it is being issued;

(4)

Include a description of the repairs and improvements required to bring the condemned dwelling or dwelling unit into compliance with the provisions of this chapter and any rules or regulations adopted pursuant thereto;

(5)

Include an explanation of the owner's right to appeal the notice in accordance with the provisions of section 34-38; and

(6)

Be served upon the owner; provided, that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally or if not found by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, or by sending a copy thereof by registered mail with return receipt requested to his last known address, or, if the registered letter with the copy is returned with a receipt showing it has not been delivered to him by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice.

(Code 1968, § 34-27)

Sec. 34-114. - Hearing.

Any owner affected by any notice relating to the condemnation of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the board of licenses and inspections review.

(Code 1968, § 34-28; Ord. No. 94-002, § 5, 2-24-94)

Sec. 34-115. - Placarding generally.

After the condemnation notice which is required under the provisions of section 34-38 has resulted in an order, the commissioner of licenses and inspections shall placard the affected dwelling or dwelling unit as unfit for human habitation. The commissioner of licenses and inspections shall post, in one or more conspicuous places upon the affected dwelling or dwelling unit, one or more placards bearing the following words: "Condemned as Unfit for Human Habitation."

(Code 1968, § 34-29; Ord. No. 94-002, § 5, 2-24-94)

Sec. 34-116. - Vacation of dwellings, etc., condemned and placarded.

(a)

Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation by the commissioner of licenses and inspections shall be vacated within a reasonable time as required by such commissioner, but in any event not later than ten days after the property has been condemned and placarded. No owner or operator shall let to any person for human habitation and no person shall occupy any dwelling or dwelling unit which has been condemned and placarded by the commissioner of licenses and inspections after the date on which such commissioner has required the affected dwelling or dwelling unit to be vacated.

(b)

Any owner or operator or tenant or any other person who occupies any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation by the commissioner of licenses and inspections shall do so entirely at that person's own risk. It shall be the duty of the owner or operator or the agent of the owner or operator to ensure that any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation is vacated and not occupied. Nothing contained in this section shall be construed as in any manner imposing upon the city or its agent, the department of licenses and inspections, any liability whatsoever for the health or safety of any person who occupies or continues to occupy any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation.

(c)

Any person who refuses to comply with an order of the commissioner of the department of licenses and inspections to vacate and continues to occupy any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation, or any person who occupies any such dwelling or dwelling unit after placarding, may be forcibly removed from the premises by the police department and the premises shall thereafter be closed. The premises shall not again be occupied as a dwelling place until the defect(s) which caused the dwelling to be declared to be unfit is/are remedied and written approval of the commissioner obtained.

(Code 1968, § 34-30; Ord. No. 99-110, § 1, 10-21-99; Ord. No. 00-072, § 1, 10-19-00)

Sec. 34-117. - Use of condemned and placarded dwellings, etc.; removal of placard.

No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the commissioner of licenses and inspections. The commissioner of licenses and inspections shall remove such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated.

(Code 1968, § 34-31)

Sec. 34-118. - Unauthorized defacing or removal of placard.

No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in section 34-117.

(Code 1968, § 34-32)

Sec. 34-119. - Condemned dwellings declared nuisances, etc.

All dwellings condemned as unfit for human habitation within the provisions of this chapter are hereby declared to be public nuisances and shall be repaired or vacated as provided by this chapter and shall be subject to such other actions as are available at law.

(Code 1968, § 34-33)

Secs. 34-120—34-150. - Reserved.