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<br />a. The Housing Boar f Adjustments and Appeals, when so ap-
<br />pealed to and after a hearing, may vary the application of any
<br />provision of this Code to any particular case, when in its opinion,
<br />the enforcement thereof would do manifest injustice„ and would
<br />be contrary to the spirit and purpose of this Code or public
<br />interest, or when, in its opinion the interpretation of the ,En-
<br />forcing Officer should be modified or reversed.
<br />b.. A decision of the Housing Board of Adjustments and Appeals
<br />to vary the application of any provision of this Code or to modify
<br />an order of the Enforcing Officer shall specify in what manner
<br />such variation or modification is made, the conditions upon which
<br />it is made and the reasons therefor.
<br />7. Decisions.
<br />a. Every decision of the Housing Board of Adjustments and Appeals
<br />shall be final, subject, however, to such remedy as any aggrieved
<br />party might have at law or in equity. It shall be in writing, and
<br />shall indicate the vote upon the decision. Every decision shall
<br />be promptly filed in the office of the Enforcing Officer and shall
<br />be open to public inspection; a certified copy shall be sent by
<br />mail or otherwise to the appellant and a copy shall be kept
<br />posted in the office of the Enforcing Officer for two weeks after
<br />filing.
<br />b. The Housing Board of Adjustments and Appeals shall in every
<br />case reach a decision without unreasonable or unnecessary delay.
<br />c. If a decision of the Housing Board of Adjustments and Appeals
<br />reverses or modifies a refusal, order, or disallowance of the En-
<br />forcing Officer, or varies the application of any provision of this
<br />Code, the Enforcing Officer shall immediately take action in
<br />accordance with such decision.
<br />Section 37.1-25. Emergency Action:
<br />Whenever the Enforcing Officer finds that an emergency exists which requires
<br />immediate action to protect the health and safety of the occupants of a
<br />particular building or of the public, he may issue an order reciting the ex-
<br />istence of an emergency and requiring immediate action to be taken as
<br />deemed necessary to meet the emergency. Regardless of other provisions of
<br />this ordinance, such order shall take effect immediately and any person to
<br />whom such order is directed shall comply therewith immediately; however,
<br />upon petition such person shall be afforded a hearing before the Housing
<br />Board of Adjustments and Appeals within 24 hours. After such hearing,
<br />depending upon its findings as to whether the provisions of this ordinance
<br />have been complied with, the Housing Board of Adjustments and Appeals
<br />shall continue, modify, or revoke such order.
<br />ARTICLE 9
<br />DESIGNATION OF DWELLING UNFIT
<br />FOR HUMAN HABITATION
<br />AND
<br />LEGAL PROCEDURE OF CONDEMNATION
<br />Section 37.1-26. Evidence of Unfit Dwellings:
<br />From and after the passage of this ordinance any dwelling or dwelling unit
<br />which shall be found to have any of the following defects shall be condemned
<br />as unfit for human habitation:
<br />1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe
<br />or vermin -infested that it creates a serious hazard to the health or
<br />safety of the occupants thereof or of the public.
<br />2. One which lacks illumination, ventilation or sanitation facilities ade-
<br />quate to protect the health or safety of the occupants thereof or of
<br />the public.
<br />3. One which because of its general condition or location is unsanitary
<br />or otherwise dangerous to the health or safety of the occupants
<br />thereof or of the public.
<br />Section 37.1-27. Placarding of Condemned Dwellings:
<br />Any dwelling, building, or dwelling unit condemned as unfit for human
<br />habitation shall be so designated and placarded by the Enforcing Officer,
<br />provided that in cases where a specific time for compliance is designated,
<br />the placarding shall not be carried out until after the lapse of the designated
<br />time. Any dwelling or dwelling unit thus condemned and placarded shall be
<br />vacated within a reasonable time. The placard shall bear the following
<br />inscription:
<br />CLERK
<br />f`■ 1%%* iuildinkY and premises is unfit for human habitation or occupancy,
<br />and the use or occupancy of this building and premises is prohibited
<br />and unlawful.
<br />Section 37.1-28. Removal of Placard:
<br />No dwelling, building, or dwelling unit which has been condemned and
<br />placarded as unfit for human habitation shall again be used for human
<br />habitation until written approval is secured from, and such placard is removed
<br />by the Enforcing Officer. The Enforcing Officer shall remove such placard
<br />whenever the defect or defects upon which the condemnation action was based
<br />have been eliminated.
<br />Section 37.1-29. Unauthorized Removal of Placard:
<br />It shall be unlawful to deface or remove the placard from any dwelling,
<br />building, or dwelling unit which has been condemned as unfit for human
<br />habitation.
<br />Section 37.1-30. Hearing on Condemnation Order:
<br />Any person affected by any notice or order relating to the condemning and
<br />placarding of a dwelling, building, or dwelling unit as unfit for human
<br />habitation may request and shall be granted a hearing on the matter before
<br />the Housing Board of Adjustments and Appeals.
<br />Section 37.1-31. Correction of Unfit Conditions:
<br />If, after a hearing by the Housing Board of Adjustments and Appeals, and
<br />after notice as provided herein to the owner and occupant of the dwelling,
<br />building, or dwelling unit such dwelling, building or dwelling unit is in
<br />such an unsafe, dangerous and unsanitary condition as to constitute a
<br />menace to the health and safety of the occupants thereof or to the public,
<br />or to endanger the property adjacent thereto, the Housing Board of Ad-
<br />justments and Appeals may request the City Manager or the City Attor-
<br />ney to institute the necessary Court proceeding in the name of the City of
<br />Charlottesville to have such dwelling, building, or dwelling unit declared
<br />unfit for human habitation, and a menace to health and safety, and to ob-
<br />tain a suitable order from the Corporation Court against the owner or
<br />occupant, or both, as appears proper, requiring such dwelling, building, or
<br />dwelling unit to be removed or made safe and sanitary within a specified
<br />time. If such dwelling, building, or dwelling unit shall not be removed or
<br />made safe and sanitary within the time specified in the order, the City
<br />Manager shall cause the building or structure to be removed at the expense
<br />of the owner, and to that end the City may obtain a judgment lien upon
<br />the land of the owner to the extent of the cost of such removal.
<br />However, the City may sell material of any such demolished dwelling,
<br />building, or dwelling unit and credit the proceeds of such sale against the
<br />cost of removal or demolition, and the balance remaining shall be disbursed
<br />as directed by the Corporation Court.
<br />Section 37.1-32. Administrative Liability:
<br />No officer, agent or employee of the Health Department or of the City of
<br />Charlottesville shall be personally liable for any damage that may accrue to
<br />persons or property as a result of any action required or permitted in the
<br />discharge of his duties under this ordinance.
<br />ARTICLE 10
<br />PENALTIES, SEPARABILITY, CONFLICT
<br />OF ORDINANCE AND EFFECTIVE DATE
<br />Section 37.1-33. Penalty for Violation:
<br />Any person, firm or corporation who violates, disobeys, omits, neglects or
<br />refuses to comply with, or who resists enforcement of any of the provisions
<br />of this ordinance shall be guilty of a misdemeanor, and each day after the
<br />first during which violation shall continue, shall constitute a separate
<br />violation.
<br />Section 37.1-34. Validity of Chapter:
<br />If any article, section, subsection, sentence, clause or phrase of this ordinance
<br />is for any reason declared invalid or unconstitutional by a court of compe-
<br />tent jurisdiction, such decision shall not affect the validity of the remaining
<br />portions of this ordinance.
<br />Section 37.1-35. When Ordinance Prevails:
<br />Whenever regulations contained in this ordinance impose higher require-
<br />ments than regulations contained in other city ordinances, the regulation of
<br />this ordinance shall prevail.
<br />Section 37.1-36. Effective Date:
<br />This ordinance shall take effect and be in force immediately upon passage.
<br />ADOPTED BY THE COUNCIL
<br />OCTOBER 55 1964
<br />AYES: MR. HAGGERTY, MR. MOUNTS MR. PONTON5
<br />MR. RENNOLDS AND MR. SCRIBNER.
<br />%TOES: NONE.
<br />vG
<br />PRESIDENT
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