[D26-56.01] 27-2139 Power to order dwelling vacated
a. Any dwelling
or part thereof, which, because of a structural or fire safety hazard, defects
in plumbing, sewage, drainage, or cleanliness, or any other violation of this
code or any other applicable law, constitutes a danger to the life, health,
or safety of its occupants shall be deemed to be unfit for human habitation.
b. The department
may order or cause any dwelling or part thereof which is unfit for human habitation
to be vacated.
[D26-56.03] 27-2140 Content and effect of vacate
a. An order issued
pursuant to subdivision b of this section27-2131 of this article shall set forth
the conditions which render the dwelling or part thereof unfit for human habitation.
b. The order shall
require all persons occupying the dwelling or part affected to vacate it within
a period of time, not less than 24 hours nor more than ten days, to be stated
in the order.
c. 1. The order
shall require that the owner correct the conditions which render the dwelling
or part thereof unfit for human habitation within a period of time, not to exceed
ten days, to be stated in the order.
2. If the department
has not revoked or extended the order pursuant to subdivision b of section
27-2142 of this article, where such dwelling is a class B multiple dwelling
or a class A multiple dwelling used for single room occupancy pursuant to
section two hundred forty-eight of the multiple dwelling law, the owner of
such dwelling shall he subject to a civil penalty of five thousand dollars
for each dwelling unit which is included in said order. The fine shall be
recoverable by the department by civil action in a court of appropriate jurisdiction.
Such action must be commenced or notice of pendency filed within one year
of the effective date of the vacate order.
d. If a vacate
order is not complied with within the time specified the department may cause
the dwelling or part thereof affected to be vacated.
e. The filing
of a vacate order in the office of the county clerk in the same manner as a
notice of pendency shall be notice to any subsequent purchaser mortgagee or
lienor that any lien resulting from such vacate order shall be enforceable against
the superior to the rights of such purchaser, mortgagee or lienor.
f. When the department
obtains a determination in an action under this article against an owner, judgment
may be entered against the premises which shall constitute a lien when a transcript
of such judgment is filed in the office of the county clerk in the manner prescribed
for the filing of mechanic's liens and may be enforced against the premises
as such, except that such lien shall have a duration of ten years.
[D26-56.04] 27-2141 Notice.
a. The vacate order
shall be served upon the owner by mailing a copy to the person last registered
with the department as owner or agent by certified mail return receipt requested.
The affidavit of an employee or agent of the department stating facts which
show that the vacate order was duly addressed and mailed shall be presumptive
evidence that such vacate order was duly served.
b. The vacate
order shall be served upon the occupants of the dwelling by affixing a copy
prominently on the dwelling which is the subject of the vacate order.
[D26-56.05] 27-2142 Reoccupancy after vacate order.
a. No person shall
occupy, or cause or permit to be occupied, any dwelling or part thereof while
such dwelling or part is subject to a vacate order.
b. If the department
finds that the conditions rendering a building or part unfit for human habitation
have been corrected, it may revoke a vacate order. If the department finds that
the unlawful conditions are being corrected and that continued occupancy may
be permitted consistent with health and safety, it may extend the time period
for compliance fixed in the order.
c. The department
may by regulations set forth standards and provide for hearings to determine
when such vacate order should be revoked or extended.
d. The department
may require as a condition for revocation of a vacate order that the owner make
reasonable effort to notify any tenants who may have vacated the dwelling pursuant
to such order that said tenant has a right to re-occupy the dwelling.