§ 22-245. Condemnation.

(a)

Dangerous structures. Any dwelling or dwelling unit within the city shall be condemned as unfit for human habitation and declared to be a nuisance, and shall be so designated and placarded by the housing official, if such dwelling or dwelling unit:

(1)

Is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested so that it creates a serious hazard to the health or safety of the occupants or the public.

(2)

Lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public.

(b)

Form of notice. When the housing official has declared a dwelling or multiple dwelling to be unfit for human habitation and constituting a nuisance, he or she shall give notice to the owner of such declaration and placard the dwelling or multiple dwelling as unfit for human habitation. Such notice shall:

(1)

Be in writing;

(2)

Include a description of the real estate upon which such nuisance exists which shall be sufficient for identification;

(3)

State the time in which the occupants shall vacate the dwelling units;

(4)

State that, if such repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the time as set forth in the notice, the housing official shall institute proceedings charging the person with a violation of this article.

(c)

Service of notice. Service of a notice to vacate a premises shall be done in accordance with the following:

(1)

A copy of such notice shall be personally delivered to the person to be notified;

(2)

A copy of such notice shall be left at the person's usual place of abode with a family member who is over 18 years of age, and such person shall be informed of the contents of such notice;

(3)

A copy of such notice shall be mailed by either registered or certified United States mail with return receipt requested; or

(4)

If the name of such person, his or her place of residence or post office address cannot be ascertained after diligent search and inquiry, or if a notice sent by either registered or certified mail shall be returned undelivered, such notice shall be posted in a conspicuous place on the property upon which violations are located for a period of 24 hours.

(d)

Authority to condemn and placard. The housing official or his or her authorized agent/representative is authorized to condemn and placard any building, dwelling, structure or accessory structure which, in his or her opinion and observation, is in violation of this article and is unsafe, unfit or unsanitary for human habitation. The housing official or his or her authorized agent/representative may placard the premises and order the premises to be evacuated or closed to occupancy. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this article shall be deemed to be in violation of this article.

(e)

Occupancy. Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not be used again for human habitation until approval is secured from, and the placard has been removed by, the housing official. The housing official shall remove such placard whenever the effects upon which the condemnation and pleading action were based have been eliminated.

(Ord. No. 2001-08, art. V, § 5-4, 8-14-2001)