§ 35-5-203. CONDEMNATION.

(a)

"Structure" defined. In this section, "structure" includes part of a structure as defined in this title.

(b)

Condemnation of a structure.

(1)

If the Code Official determines that a structure is unsafe or unfit for human occupancy or use as provided under subsection (d) of this section, the Code Official may:

(i)

Condemn the structure;

(ii)

Order the structure to be vacated;

(iii)

Placard the structure; and

(iv)

Take other security measures to prevent entry onto the property, including erecting a fence on the property on which the structure is located.

(2)

If a structure has been condemned, the structure may not be re-occupied without the approval of the Code Official.

(3)

If security measures are taken as provided for in paragraph (1)(iv) of this subsection, the Code Official shall provide the property owner access to the property.

(c)

Condemnation of equipment. If equipment is found by the Code Official to be unsafe as provided under subsection (d) of this section, the Code Official may, in accordance with the provisions of the Code:

(1)

Condemn the equipment;

(2)

Placard the equipment; and

(3)

Place the equipment out of service.

(d)

Unsafe and unfit structures and equipment.

(1)

A structure is unsafe if the Code Official determines that the structure is dangerous to the life, health, property, or the safety of the tenants:

(i)

By not providing minimum protection from fire; or

(ii)

Because the structure is so damaged, decayed, dilapidated, structurally unsound, dangerous, or of such faulty construction or unstable foundation that the structure is likely to partially or completely collapse.

(2)

A structure is unfit for human occupancy or use if the Code Official determines that the structure is unsafe, unsanitary, has an infestation, contains filth or contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this title.

(3)

(i)

Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure that the code official determines is in disrepair or a condition that is a hazard to life, health, property, or safety of the tenants of the premises or structure.

(ii)

Unsafe equipment may contribute to the finding that a structure is unsafe or unfit for human occupancy or use.

(e)

Closing a vacant structure.

(1)

If a property owner fails to close or vacate a premises within the time specified by an order of the Code Official, the Code Official may close the premises by:

(i)

Action of a public agency; or

(ii)

Contract or arrangement with a private person.

(2)

The Code Official shall establish a lien against the property on which the structure is located in order to recover the cost of closing the structure.

(1988 Code, § 18-73) (Bill No. 100-97, § 1, 9-8-1997; Bill No. 25-01, § 2, 7-1-2004)