§ 18.40.180. Designation of unfit structures.

The designation of structures as unfit for use or human habitation and the procedure for correction of such unfit structures shall be carried out in compliance with the following requirements:

(a)

The superintendent of central inspection may determine that a structure is unfit for use or human habitation if he finds that conditions exist in such structure which are dangerous or injurious to the health, welfare or safety of the occupants of such structure; the occupants of neighboring structures, dwellings or other residents of the city. Such conditions may include the following without limitation: Defects therein increasing the hazard of fire, accidents or other calamities; lack of adequate ventilation; air pollution; light or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other natural growth; illegally stored or parked material, equipment, supplies, machinery, trucks, or automobiles or parts thereof, vermin infestation; inadequate drainage; or, any violation of health, fire, building, or zoning regulations; or, any other laws or regulations relating to the use of the land and the use and occupancy of buildings and improvements.

The determination that a building is unfit for use or human habitation shall be predicated on the fact that such defects as aforestated are a serious hazard to the health, welfare, or safety of the occupants or of the public. The health officer and fire chief shall cooperate with the superintendent of central inspection in determining that a structure is unfit for use or human habitation where health or fire regulations are applicable;

(b)

Whenever a petition is filed with the superintendent of central inspection signed by at least five residents of the city, charging that any structure is unfit for use or human habitation or whenever the health officer or the fire chief allege in writing to the superintendent of central inspection, that a structure is unfit for use or human habitation or whenever it appears to the superintendent of central inspection (on his own motion) that any structure is unfit for use or human habitation he shall, if his investigation discloses a basis for such charges, issue and cause to be served upon the record owner, every mortgagee of record, and all parties in interest in such structure (including persons in possession) a notice stating the charges in that respect. Such notice shall include a statement that a hearing will be held before the board of code standards and appeals at a place therein fixed not less than fifteen days nor more than forty-five days after the serving of such notice; that the owner, mortgagee, and parties in interest shall be given the right to file an answer to the notice and to appear in person or otherwise, and give testimony at the place and time fixed in the notice; and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board;

(c)

If after such notice and hearing, the board determines that the structure under consideration is unfit for use or human habitation, such board shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which:

(1)

Requires the owner within the time specified in the order to repair, alter or improve such structure to render it fit for use or human habitation; or to vacate and close the structure until conformance with the standards of this chapter; or

(2)

Requires the owner within the time specified in the order to remove or demolish such structure, if such structure cannot be made fit for human use or occupancy;

(3)

Owner has the option to repair to conform with the code or to demolish the structure;

(d)

If the owner falls to comply with an order to repair, alter, or improve or to vacate and close a structure, the superintendent of central inspection may cause such structure to be removed or demolished;

(e)

The amount of cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the superintendent of central inspection shall be a lien against the real property upon which such cost was incurred and such lien, including as a part thereof allowance of his costs and the necessary attorney's fees, may be foreclosed in judicial proceedings in a manner provided or authorized by law for loans secured by liens on real property. If the structure is removed or demolished by the superintendent of central inspection, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceedings, including his necessary attorney's fees incurred therein, as determined by the court.

(Ord. No. 41-502 § 32)