18.09   DESIGNATION OF DWELLING AS UNFIT FOR HUMAN HABITATION

a.  The Health Officer or designee may declare any dwelling or dwelling unit found to have any of the following defects a human health hazard.  It shall be condemned as unfit for human habitation and shall be placarded by the Health Officer or designee.

1.  A dwelling which is so damaged, decayed, dilapidated, unsanitary, and unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or public.

2.  A dwelling which lacks a potable water supply, a properly functioning public or private sanitary sewer system, or a functioning heating system adequate to protect the health or safety of the occupant or public.

3.  All or portions of a dwelling to the extent it is proven to be uninhabitable by virtue of a serious and eminent threat to human health from exposures to lead or asbestos.

b.  No person shall continue to occupy, rent or lease quarters for human habitation, which are declared unfit for human habitation by the Health Officer or designee.

c.  Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Health Officer or designee shall be vacated within a time specified by the Health Officer or

d.  No dwelling 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 the placard is removed by, the Health Officer or designee. The Health Officer or designee shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.

e.  No person shall deface or remove the placard from any dwelling or dwelling unit, which has been condemned as unfit for human habitation.

f.  Any person affected by a notice or order relating to the condemning or placarding of a dwelling or dwelling unit for human habitation may request and shall be granted a hearing in the matter before the Board of Appeals.