(A) Declaration of dwelling as unfit for human habitation. Any dwelling, dwelling unit or rooming unit shall be declared unfit for human habitation when in the judgment of the Health Inspector it is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested as to create a hazard to the health, safety and welfare of the occupants or of the public, and where the structure is determined by the Health Inspector not to warrant repair under § 151.255(A).
(B) Vacant buildings. Any vacant building shall be declared unfit for human habitation when its existence, in the judgment of the Health Inspector, is detrimental to the public health, safety or welfare.
(C) Notice to owner. The owner of any structure which has been determined unfit for human habitation, whether the structure is occupied or vacant, shall be given notice of this determination in the manner provided for service of notice herein, and shall be given a reasonable time, not to exceed 90 days, to remove the structure.
(D) Reoccupation of unfit dwelling. The owner of any dwelling, dwelling unit or rooming unit contained in any structure which has been determined unfit for human habitation and which has been vacated shall not cause or permit the vacated dwelling, dwelling unit or rooming unit to be reoccupied pending removal of the structure.
(E) Hearings. Any owner aggrieved by the notice to demolish may within 10 days seek a reconsideration of the matter in the manner provided in this chapter, and may seek a formal hearing in the manner provided herein.
(F) Demolition by city. When the owner fails, neglects or refuses to remove the unfit structure within the requisite time, the Health Inspector may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. The cost of the demolition shall create a debt in favor of the city against the owner, and shall be recoverable in a civil action brought by this city, which shall possess all the rights of a private creditor.
(G) Filling of excavations. All demolition, whether carried out by the owner or by the Health Inspector, shall include the filling in of the excavation remaining on the property on which the demolished structure was located, in such manner as to eliminate all potential danger to the public health, safety or welfare arising from the excavation.
(Prior Code, § 28-342)
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