Article X. Dwellings Unfit for Human Habitation.
Sec. 15.1-34. Grounds for condemnation of unfit dwellings.
Any dwelling or dwelling unit which shall be found to have
any of the following defects shall be condemned as unfit for
human habitation:
(a) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard
to the health or safety of the occupants thereof or of the
public.
(b) One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
thereof or of the public.
(c) One which because of its general condition or location
is unsanitary or otherwise dangerous to the health or safety
of the occupants thereof or of the public. (10-5-64.)
Sec. 15.1-35. Placarding of condemned dwellings.
Any dwelling, building or dwelling unit condemned as unfit
for human habitation shall be so designated and placarded by
the enforcing officer; provided, that in cases where a specific
time for compliance is designated, the placarding shall not
be carried out until after the lapse of the designated time.
Any dwelling or dwelling unit thus condemned and placarded
shall be vacated within a reasonable time. The placarded
shall bear the following inscription:
"This building and premises is unfit for human habitation
or occupancy, and the use or occupancy of this building and
premises is prohibited and unlawful." (10-5-64.)
Sec. 15.1-36. Use of condemned buildings prohibited; removal
of placard upon correction of defects.
No dwelling, building 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 enforcing
officer. The enforcing officer shall remove such placard whenever
the defects upon which the condemnation action was
based have been eliminated. (10-5-64.)
Sec. 15.1-37. Unauthorized removal of placard.
It shall be unlawful to deface or remove the placard from
any dwelling, building or dwelling unit which has been condemned
as unfit for human habitation. (10-5-64.)
Sec. 15.1-38. Hearing on condemnation order.
Any person affected by any notice or order relating to the
condemning and placarding of a dwelling, building or dwelling
unit as unfit for human habitation may request and shall
be granted a hearing on the matter before the housing board
of adjustments and appeals. (10-5-64.)
Sec. 15.1-39. Correction or removal of unfit buildings.[151]
If, after a hearing by the housing board of adjustments
and appeals, and after notice as provided herein to the
owner and occupant of the dwelling, building or dwelling unit
such dwelling, building or dwelling unit is in such an unsafe,
dangerous and unsanitary condition as to constitute a menace
to the health and safety of the occupants thereof or to
the public, or to endanger the property adjacent thereto, the
housing board of adjustments and appeals may request the
city manager or the city attorney to institute the necessary
court proceeding in the name of the city to have such dwelling,
building or dwelling unit declared unfit for human habitation
and a menace to health and safety, and to obtain a
suitable order from the corporation court against the owner
or occupant, or both, as appears proper, requiring such dwelling,
building or dwelling unit to be removed or made safe
and sanitary within a specified time. If such dwelling, building
or dwelling unit shall not be removed or made safe and
sanitary within the time specified in the order, the city manager
shall cause the building or structure to be removed at
the expense of the owner, and to that end the city may obtain
a judgment lien upon the land of the owner to the extent of
the cost of such removal. However, the city may sell material
of any such demolished dwelling, building or dwelling unit
and credit the proceeds of such sale against the cost of removal
or demolition, and the balance remaining shall be disbursed
as directed by the corporation court. (10-5-64.)
Sec. 15.1-40. Period during which dwellings shall not be placarded
or remain vacant.
Until the city redevelopment and housing authority notifies
the city council in writing that an adequate number of
low rent housing units are available, or until June 30, 1968,
whichever event or time shall first occur, only those dwellings
or dwelling units which in the opinion of the building official
are structurally unsafe for habitation or dwellings and dwelling
units which, under the city Building Code, can be repaired
so as to comply with this chapter and whose owners refuse to
make the necessary repairs when notified by the enforcing
officer, shall be placarded under section 15.1-35 or required to
remain vacant as set forth in section 15.1-36; provided, that if
a dwelling or dwelling unit which cannot be repaired under
the city Building Code so as to comply with this chapter
becomes vacant it shall remain vacant and be placarded as
provided by sections 15.1-35 and 15.1-36. (7-6-65.)
