§ 8-454. Emergency action and waivers.

(a)

Notwithstanding the other provisions of this division, whenever any structure or structure unit is found to be unfit for human use or habitation by the public officer, and the conditions are such as to require, in the opinion of the public officer, the immediate vacation of the premises, the public officer shall designate and placard the premises as unfit for human use or habitation, and the same shall be vacated within a reasonable time, as ordered by the public officer. No structure or structure unit which has been so designated and placarded as unfit for human use or habitation shall again be used for human use or habitation until written approval is secured from, and such placard is removed by, the public officer. The public officer shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated.

(b)

No person shall deface or remove the placard from any structure or structure unit that has been designated as unfit for human use or habitation and placarded as such under this section.

(c)

Any person affected by any order relating to the designation and placarding of a structure or structure unit as unfit for human use or habitation under this section may request and shall be granted a hearing on the matter before the public officer under procedures set forth in section 8-451.

(d)

The public officer shall have the power to withhold strict enforcement of the requirements of this division, upon written application therefor by any owner or occupant, after making determination that:

(1)

Any variation or modification of structure or use approved by the public officer will not in any material way alter the standards of this division and cannot affect detrimentally the health or safety of occupants or owners of adjacent premises or of the neighborhood;

(2)

Strict enforcement would constitute an undue and unnecessary hardship on the owner or occupant because it would compel expenditures on the premises which would be disproportionate to any benefit to health, safety or welfare that might be derived therefrom; and

(3)

The owner or occupant is without any practical or feasible means to comply with the strict provisions of this division.

(e)

The public officer shall also have the power to withhold strict enforcement of the requirements of this division if the premises are contemplated for acquisition or are within an area where acquisition is contemplated within a period of two years by a public body having power of eminent domain and that the strict enforcement of the provisions of this chapter would require the installation of repairs and improvements estimated to exceed $300.00 in cost and that there is an alternative means satisfactory to the public officer to be used which will eliminate conditions constituting hazards to the health, safety and welfare of the occupants or the premises and persons in the immediate vicinity thereof; provided, however, that any waiver permitted under this section shall be cancelled if it shall be ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.

(Code 1964, § 21-38; Code 1988, § 8-355; Ord. No. 41302, § 11, 11-7-1957; Ord. No. 45018, § 48, 7-13-1965)