Chapter 12.5 HOUSING*
ARTICLE II. LIVABILITY CODE FOR RESIDENTIAL RENTAL DWELLINGS*
Sec. 12.5-16. Condemnation.
(a) General.
(1) When a structure or part of it is found by
the code official to be unsafe or unfit for human occupancy or use, the code
official may condemn the structure or part of it and may order the structure or
part of it to be placarded and vacated pursuant to the provisions of this
code.
(2) The structure or part of it may not be reoccupied without approval
of the code official. Unsafe equipment may be condemned, placarded and placed
out of service pursuant to the provisions of this code.
(b) Unsafe
structure. An unsafe structure is one which all or part of it is found by the
code official to be dangerous to life, health, property, or the safety of its
tenants by not providing minimum protection from fire or because it is so
damaged, decayed, dilapidated, structurally unsafe, or of such faulty
construction or unstable foundation that it is likely to partially or completely
collapse.
(c) Unsafe equipment.
(1) Unsafe equipment includes any
boiler, heating equipment, cooking equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid containers or other equipment on
the premises or within the structure which is in such disrepair or condition
that it is found by the code official to be a hazard to life, health, property,
or safety of the tenants of the premises or structure.
(2) Unsafe equipment
may contribute to the finding that the structure is unsafe or unfit for human
occupancy or use.
(d) Structure unfit for human occupancy. A
structure is unfit for human occupancy or use whenever the code official finds
that it is unsanitary, vermin or rodent infested, contains filth or
contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by this
code.
(e) Closing of vacant structure. Upon failure of a property
owner to close or vacate a premises within the time specified in an order, the
code official may cause the premises to be closed through any available public
agency or by contract charged against the real estate upon which the structure
is located and shall be a lien upon the real estate. (Ord. No. G-88-21, §
.06, 12-8-88)
Cross references--Cleanliness of dwellings
generally, § 12-32; dangerous, etc., buildings, § 12-35; dwellings
unfit for human habitation, § 12-36.
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