§ 27-28. Designation of unfit dwellings.

(1)

Designation . Whenever the manager finds any dwelling, or dwelling unit, or rooming unit, regardless of whether it is occupied, that does not conform to the standards established by this article, or does not conform with the rules and regulations adopted and promulgated under it, and that by reason of the nonconformity presents an imminent hazard to public health, or to the physical or mental health of current or future occupants, the manager may, without prior notice or hearing, designate this dwelling, dwelling unit, rooming house, or rooming unit as unfit for human habitation.

(2)

Placarding; order to vacate . Any dwelling, dwelling unit or rooming unit designated as unfit for human habitation by the manager will be appropriately placarded as such and must be vacated by the occupants within the time specified in the placard. The placard constitutes an order directing vacating, and may serve as an order prohibiting access for any period of time as determined appropriate by the manager based on the nature of the hazard presented.

(3)

Correction of defects . No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from and the placarding removed by the manager. The manager shall remove the placard whenever the defects upon which the designation and placarding action were based have been eliminated and the dwelling, dwelling unit or rooming unit conforms to the standards established by this article and the provisions of the rules and regulations adopted and promulgated hereunder.

(4)

Unlawful to deface placard . It is unlawful for any person to deface, move, remove or obscure any placard affixed under the provisions of this article.

(5)

Appeals. Any person aggrieved by the designation of any dwelling, dwelling unit or rooming unit as unfit for human habitation who believes the designation to be factually or legally contrary to the ordinances of the city, or the policies and regulations of the department of public health and environment, may appeal the same to the board in accordance with article 1, chapter 24, D.R.M.C. The placarding of any dwelling, dwelling unit or rooming unit under the provisions hereof commences operation of the period of time in which an appeal must be perfected.

(6)

Modifications under special circumstances . Whenever there are practical difficulties involved in carrying out the provisions of this article, the manager may grant modifications for individual cases, provided he shall first notify the owner of the building, structure or utility and then find that a special individual reason makes the strict letter of the article impractical, that the modification is in conformity with the intent and purpose of this article and that such modification does not lessen any health or safety, fire protection requirements, or any degree of structural integrity. The details of any action granting modifications will be sent to the owner and entered in the files of the department of public health and environment.

(Ord. No. 997-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 500, § 14, 9-17-07; Ord. No. 427-18, § 16, 6-11-18)