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6. Variation and Modification.
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<br />a. The Housing Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any
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<br />provision of this Code to any particular case, when in its opinion the enforcement thereof would do manifest injustice and would
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<br /> be contrary to the spirit and purpose of this Code or public interest, or when, in its opinion, the interpretation of the Enforcing Officer
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<br />should be modified or reversed.
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<br />b. A decision of the Housing Board of Adjustments and Appeals to vary the application of any provision of this Code or to modify an
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<br />order of the Enforcing Officer shall specify in what manner such variation or modification is made, the conditions upon which it is made
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<br />and the reasons therefor.
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<br />7. Decisions.
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<br />a. Every decision of the Housing Board of Adjustments and Appeals shall be final, subject, however, to such remedy as any aggrieved
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<br /> party might have at law or in equity. It shall be in writing, and shall indicate the vote upon the decision. Every decision shall be promptly
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<br /> filed in the office of the Enforcing Officer and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the
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<br /> appellant and a copy shall be kept posted in the office of the Enforcing Officer for two weeks after filing.
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<br />b. The Housing Board of Adjustments and Appeals shall in every case reach a decision without unreasonable or unnecessary delay.
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<br />c. If a decision of the Housing Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the Enforcing
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<br /> Officer, or varies the application of any provision of this Code, the Enforcing Officer shall immediately take action in accordance with such
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<br />decision.
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<br />Section 37.1-25. Emergency Action:
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<br />Whenever the Enforcing Officer finds that an emergency exists which requires immediate action to protect the health and safety of the
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<br /> occupants of a particular building or of the public, he may issue an order reciting the existence of an emergency and requiring immediate
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<br /> action to be taken as deemed necessary to meet the emergency.
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<br />Regardless of other provisions of this ordinance, such order shall take effect immediately and any person to whom such order is directed
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<br />shall comply therewith immediately; however, upon petition such person shall be afforded a hearing before the Housing Board of Adjustments
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<br /> and Appeals within twenty-four (24) hours.
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<br />After such hearing, depending upon its findings as to whether the provisions of this ordinance have been complied with, the Housing Board
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<br /> of Adjustments and Appeals shall continue, modify, or revoke such order.
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<br />ARTICLE 9
<br />
<br />DESIGNATION OF DWELLING UNFIT
<br />FOR HUMAN HABITATION
<br />AND
<br />LEGAL PROCEDURE OF CONDEMNATION
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<br />Section 37.1-26. Evidence of Unfit Dwellings:
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<br />From and after the passage of this ordinance any dwelling or dwelling unit which shall be found to have any of the following defects shall
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<br /> be condemned as unfit for human habitation:
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<br />1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or
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<br />safety of the occupants thereof or of the public.
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<br />2. One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants thereof or of the
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<br /> public.
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<br />3. One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants thereof
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<br /> or of the public.
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<br />Section 37.1-27. Placarding of Condemned Dwellings:
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<br />Any dwelling, building, or dwelling unit condemned as unfit for human habitation shall be so designated and placarded by the Enforcing Officer,
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<br /> provided that in cases where a specific time for compliance is designated, the placarding shall not be carried out until after the lapse of the
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<br />designated time.
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<br />Any dwelling or dwelling unit thus condemned and placarded shall be vacated within a reasonable time.
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<br />The placard shall bear the following inscription:
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<br />“This building and premises is unfit for human habitation or occupancy, and the use or occupancy of this building and premises is prohibited
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<br /> and unlawful.”
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<br />Section 37.1-28. Removal of Placard:
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<br />No dwelling, building, or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for
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<br />human habitation until written approval is secured from, and such placard is removed by, the Enforcing Officer.
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<br />The Enforcing Officer shall remove such placard whenever the defect or defects upon which the condemnation action was based have
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<br /> been eliminated.
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<br />Section 37.1-29. Unauthorized Removal of Placard:
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<br />It shall be unlawful to deface or remove the placard from any dwelling, building, or dwelling unit which has been condemned as unfit for
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<br /> human habitation.
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<br />Section 37.1-30. Hearing on Condemnation Order:
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<br />Any person affected by any notice or order relating to the condemning and placarding of a dwelling, building, or dwelling unit as unfit for
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<br /> human habitation may request and shall be granted a hearing on the matter before the Housing Board of Adjustments and Appeals.
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<br />Section 37.1-31. Correction of Unfit Conditions:
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<br />If, after a hearing by the Housing Board of Adjustments and Appeals, and after notice as provided herein to the owner and occupant of
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<br /> the dwelling, building, or dwelling unit, such dwelling, building, or dwelling unit is in such an unsafe, dangerous and unsanitary condition
<br />
<br />as to constitute a menace to the health and safety of the occupants thereof or to the public, or to endanger the property adjacent thereto,
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<br />the Housing Board of Adjustments and Appeals may request the City Manager or the City Attorney to institute the necessary court proceeding
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<br /> in the name of the City of Charlottesville to have such dwelling, building, or dwelling unit declared unfit for human habitation, and a menace to
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<br /> health and safety, and to obtain a suitable order from the Corporation Court against the owner or occupant, or both, as appears proper,
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<br />requiring such dwelling, building, or dwelling unit to be removed or made safe and sanitary within a specified time.
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<br />If such dwelling, building, or dwelling unit shall not be removed or made safe and sanitary within the time specified in the order, the City
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<br />Manager shall cause the building or structure to be removed at the expense of the owner, and to that end the City may obtain a judgment
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<br />lien upon the land of the owner to the extent of the cost of such removal.
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<br />However, the City may sell material of any such demolished dwelling, building, or dwelling unit and credit the proceeds of such sale
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<br />against the cost of removal or demolition, and the balance remaining shall be disbursed as directed by the Corporation Court.
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<br />Section 37.1-32. Administrative Liability:
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<br />No officer, agent or employee of the Health Department or of the City of Charlottesville shall be personally liable for any damage that
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<br /> may accrue to persons or property as a result of any action required or permitted in the discharge of his duties under this ordinance.
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<br />ARTICLE 10
<br />
<br />PENALTIES, SEPARABILITY, CONFLICT
<br />OF ORDINANCE AND EFFECTIVE DATE
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<br />Section 37.1-33. Penalty for Violation:
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<br />Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any
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<br /> of the provisions of this ordinance shall be guilty of a misdemeanor, and each day after the first during which violation shall continue
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<br />shall constitute a separate violation.
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<br />Section 37.1-34. Validity of Chapter:
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<br />If any article, section, subsection, sentence, clause or phrase of this ordinance is for any reason declared invalid or unconstitutional
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<br /> by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
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<br />Section 37.1-35. When Ordinance Prevails:
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<br />Whenever regulations contained in this ordinance impose higher requirements than regulations contained in other city ordinances,
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<br />the regulation of this ordinance shall prevail.
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<br />Section 37.1-36. Effective Date:
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<br />This ordinance shall take effect and be in force immediately upon passage.
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<br />ADOPTED BY THE COUNCIL
<br />OCTOBER 5, 1964
<br />AYES: MR. HAGGERTY, MR. MOUNT, MR. PONTON,
<br />MR. RENNOLDS AND MR. SCRIBNER.
<br />NOES: NONE.
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<br />CLERK SIGNATURE
<br />PRESIDENT SIGNATURE
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