§ 13-113. Same; Section 108, Unsafe Structures and Equipment.

(a)

The title of Section 108 is amended to read as follows: "Open Unfit, Unsafe, Unlawful, or Abandoned Structures."

(b)

Section 108.1 is amended to read as follows: " 108.1 General definitions. For the purposes of Sections 108, 109, and 110 of this Code, the following terms shall apply."

(c)

Section 108.1.3 is amended to read as follows: " 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful, or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, utilities, or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. This term shall also include the phrase unfit for human habitation."

(d)

A new Section 108.1.3.1 is added to read as follows: " 108.1.3.1 Abandoned for residential use. A dwelling or dwelling unit is considered abandoned for residential use when it has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to the Code standards required for occupancy."

(e)

Section 108.2 is amended to read as follows: " 108.2 Procedures for closing open structures. If the structure is open and unfit for human habitation and occupancy and is not in danger of structural collapse, the Code Official is authorized to post a placard declaring the structure unfit and order the structure closed up so as not to be an attractive nuisance."

(f)

Section 108.3 is amended to read as follows: " 108.3 Procedures for structures unfit for human occupancy. Whenever the Code Official finds that any dwelling or dwelling unit has become unfit for human occupancy, as defined by this Code, the Code Official shall declare it unfit and order it to be vacated. Once vacant, the exterior structure and premises must be maintained to the minimum standards of this Code and the County Code. Any boarding of windows and doors to secure the structure shall be done in a workmanlike manner, and the materials used shall conform to the overall exterior appearance of the structure and in conformance with the requirements of Section 109.2. Any dwelling declared unfit for human habitation shall be posted with a placard that shall include:

1.

The Section of the Code under which the order is issued;

2.

An order that the dwelling or dwelling unit must be vacated;

3.

An order that dwelling or dwelling unit must remain vacant until the provisions of the order are satisfied and the order to vacate is withdrawn;

4.

The date that the placard is posted; and

5.

A statement of the penalty for destruction or removal of the placard.

Whenever the Code Official has declared a dwelling unit unfit for human habitation, the Code Official shall give notice to the owner of such declaration and placarding of the dwelling as unfit for human habitation. Such notice shall:

1.

Be in writing;

2.

Include a description of the real estate sufficient for identification;

3.

Include a justification statement for the determination;

4.

State the time period for correction of the cited conditions; and

5.

State the time by which the occupants must vacate the premises.

Service of notice to vacate shall be accomplished by posting a copy of the notice in a conspicuous place on the premises to be vacated and by one of the following:

1.

By delivery to the owner personally;

2.

By leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

3.

By depositing the notice in the United States Post Office addressed to the owner at the owner's last known address with postage prepaid thereof.

Any dwelling which has been declared and placarded as unfit for human habitation shall be vacated within a reasonable time period as required by the Code Official, and it shall be unlawful for any owner or operator to let said dwelling to any person for human habitation. No person shall occupy a dwelling which has been declared or placarded by the Code Official as unfit for human habitation after the date set forth on the placard. No dwelling which has been declared or placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Code Official. The Code Official shall remove such placard whenever the defect or defects upon which the declaration and placarding actions were based have been eliminated."

(g)

Section 108.4 is amended to read as follows: " 108.4 Procedures for dwelling units declared abandoned for residential use. Any dwelling unit which has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to Code standards required for occupancy may be declared abandoned for residential use and may be razed in accordance with the procedures in Section 110.3.

Any windows, doors, or other exterior openings in an abandoned dwelling unit shall be closed and sealed with materials and in a workmanlike manner that conforms to the overall exterior appearance of the structure in accordance with the provisions of Section 109.2.

The interiors of such abandoned dwelling units shall be maintained to the standards required for other nonresidential areas, such as storage rooms, laundry rooms, workshops, or other similar uses."

(h)

Section 108.5 is amended to read as follows: " 108.5 Unlawful structure. No dwelling or any part thereof declared unlawful in accordance with Section 108.1.4 may be occupied until such dwelling or dwelling unit conforms with the provisions of this Code."

(i)

Section 108.6, entitled "Removal of placard," is deleted in its entirety.

(CB-39-2001; CB-78-2012)