§ 34.23. Structures unfit for occupancy.

(1)

Action authorized to condemn structures or units as unfit for occupancy. Whenever an enforcement officer finds that any dwelling unit, structure or portion thereof constitutes a hazard to the health, safety or welfare of the occupants or to the public for any of the reasons enumerated in this chapter, including those violations defined herein as constituting material endangerment, but which structure does not constitute a dangerous structure, the officer may take action to condemn the unit or structure as being unfit for occupancy.

(2)

Illegal occupancy. If any dwelling unit, structure or any part thereof is occupied by more occupants than provided by this chapter or is erected, altered or occupied contrary to law, the unit, structure or part thereof shall be deemed an unlawful structure and the enforcement officer shall cause the unit or structure vacated. It shall be unlawful to occupy such unit or structure until it or its occupation, as the case may be, has been made to conform to the law.

(3)

Placard as unfit for occupancy. Any dwelling unit, structure or portion thereof ordered vacated or condemned as unfit for occupancy shall be posted with a placard by the enforcement officer. The placard shall include the following:

a.

Name of city;

b.

Name of the authorized department having jurisdiction;

c.

Chapter and section of the ordinance under which it is issued;

d.

Date on which the unit or structure must be vacated;

e.

Statement that the unit or structure, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn;

f.

Date that the placard is posted; and

g.

Statement of the penalty for defacing or unauthorized removal of the placard.

(4)

Defacement and unauthorized removal of placard. No person shall deface or remove the placard from any structure which has been condemned and placarded as unfit for occupancy. The placard may be removed only by or at the direction of the enforcement officer.

(5)

Service of notice. The enforcement officer shall serve a written notice upon the owner of the premises informing the owner of the requirement to vacate the dwelling unit, structure or portion thereof within twenty-four (24) hours of posting the placard. Service of the notice shall be by delivery to the owner personally or by leaving the notice at the owner's usual place of abode or with a person of suitable age and discretion or by depositing in the United States Post Office the notice, addressed to the owner at the last known address with postage prepaid. Provided, however, that in the case of rental housing, notice shall be sent by United States Mail to the address listed on the document required under Chapter 35 of this Code.

(6)

Vacation of structure or unit. Any dwelling unit, structure or portion thereof which has been condemned or placarded as unfit for occupancy shall be vacated within the time set forth in the placard and/or order. No person shall occupy or let for occupancy any structure which is condemned.

(7)

Material endangerment violations. The following violations may constitute material endangerment if in combination or alone the conditions are substantial and expose the occupants or the public to danger or peril:

a.

Lacking maintenance; dilapidation. Whenever the structure, or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse; or whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; or whenever the building has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children; become a harbor for vagrants or criminals; or enable persons to resort thereto for the purpose of committing unlawful acts.

b.

Fire hazard. Whenever the dwelling unit, structure, or any portion thereof, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits or access to exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the enforcement officer to be a fire hazard.

c.

Unsanitary conditions. Whenever the dwelling unit, structure or any portion thereof, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, unclean fixtures, accumulation of garbage, refuse or combustibles, or otherwise, is determined by the enforcement officer to be unsanitary, unfit for occupancy or in such an unsound condition that it is likely to cause or harbor sickness or disease.

d.

Insect, rodent or other pests. Whenever the dwelling unit, structure or any portion thereof, has a substantial or severe insect, rodent or other pest infestation, rodent burrows, open sewage systems or lacks approved rodent proofing of the structure.

e.

Lack of basic facilities. Whenever the dwelling unit, structure or any portion thereof lacks water, hot water, approved electrical, heating or sewage disposal systems, or where the existing systems are unsafe for continued operation.

f.

Violations of other requirements. Whenever any dwelling unit, structure or any part thereof is:

1.

Constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such residential structure or structure provided by the state building code.

2.

Occupied by more occupants than provided by this chapter; and

3.

Is erected, altered or occupied contrary to law

g.

Dangerous conditions. Whenever, in the opinion of the enforcement officer, any other condition exists which is so dangerous to the safety or health of the occupants or the public as to justify condemnation of the structure as unfit for human occupancy. Such structure shall be deemed an unlawful structure and the enforcement officer may cause such structure or dwelling unit to be vacated.

h.

Meth labs. Law enforcement agencies that identified conditions associated with a clandestine drug lab site or chemical dump site which place neighbors, visiting public, or present and future occupants of the site at risk for exposure to harmful chemicals or other contaminants must promptly notify the city police chief or designated representative, the city fire marshal or designated representative, appropriate child protection agencies, and the appropriate health authorities. The notice must, at a minimum, identity the location of the site, the site owner, if known, and the conditions found on the site.

1.

Upon receipt of the notice provided for in Section 34.23(7)(h), the police chief and the fire marshal must promptly notify the following parties:

a.

The owner of the property if known.

b.

Occupants of the property.

c.

City enforcement officers in the department of safety and inspections.

2.

The notice must, at a minimum, include the location of the site, the name of the property owner, if known, the type and nature of the contamination, and the extent of the contamination.

3.

The enforcement officer must also cause a copy of the notice of condemnation to be posted at each appropriate access point to the site.

4.

The structure must be vacated immediately until it has been tested and deemed safe for occupancy by a company certified by the state to do testing and abatement of hazardous material. The structure shall remain vacant until decontamination by a certified hazardous material company is completed.

5.

Upon receipt of the notice and order, the owner will be responsible for the following:

a.

Insure that the site and all surrounding areas determined to be at risk are properly vacated;

b.

Engage an appropriate environmental testing firm to assess the extent of the contamination, monitor the clean up process, provide follow up testing after the completion of the clean up process, and certify that the risks of contamination have been sufficiently reduced to allow safe occupancy of the site;

c.

Engage an appropriate contractor to properly clean the site in accordance with guidelines of the state department of health;

d.

Provide the city with copies of all testing results and the clean up plan;

e.

Keep the city regularly advised through the process of the testing and clean up;

f.

Upon completion of the clean up process, provide the city with a copy of the certification from the testing firm that the site is fit for human occupation, and a written, signed statement that the clean up met all state department of health guidelines.

6.

If the owner, after due diligence, cannot be located or has not commenced appropriate action toward the clean up of the site on or before the commencement date established by the order, or has not completed the process by the completion date established by the order, the city, its officials, employees and agents, are hereby authorized to enter the property for the purpose of abating the public nuisance through vacating, testing and cleaning the site, or completing that process, in accordance with the requirement of this chapter. When appropriate, the abatement process may include the demolition and removal of any hazardous building or structure.

7.

The owner of the site is responsible for any and all costs incurred in the clean up of that site including, but not limited to, the costs of vacating the site and surrounding areas, testing, clean up, and public expenses.

8.

Public expenses will include all costs that may be incurred by the city and other public agencies such as:

a.

Laboratory fees;

b.

Preparing and serving notices;

c.

Preparing and serving the order;

d.

Posting the site;

e.

Vacating the site and other necessary properties;

f.

Testing services;

g.

Clean up services;

h.

Expenses incurred in recovering costs including all special assessment expenses;

i.

Administrative fees;

j.

All other costs associated with the clean up of the site.

9.

Within thirty (30) days after receipt of an invoice from the city, the owner will submit payment in full of all city costs associated with the clean up project.

10.

If the city has been unable to locate the owner, or the owner fails to submit timely payment to the city the city is authorized to collect its costs by assessing those costs against the property in the same manner as a special assessment which will be certified and collected in the manner of a special tax in accordance with applicable law.

(8)

Whenever, in the opinion of the enforcement officer, a residential property is deteriorated or dilapidated or unsanitary to the extent that a major rehabilitation is necessary or the condition at the initial inspection prohibits the inspector from making a complete or comprehensive inspection, the inspector may require a code compliance inspection. If the property is condemned as "unfit for human habitation," full compliance with the code compliance inspection may be required before reoccupancy is allowed.

(C.F. No. 05-740, § 1, 9-14-05; C.F. No. 07-149, § 8, 3-28-07; Ord 16-58, § 1, 1-4-17)