Laserfiche WebLink
6. Variation and Modification. <br /> <br />a. The Housing Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any <br /> <br />provision of this Code to any particular case, when in its opinion the enforcement thereof would do manifest injustice and would <br /> <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 <br /> <br />should be modified or reversed. <br /> <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 <br /> <br />order of the Enforcing Officer shall specify in what manner such variation or modification is made, the conditions upon which it is made <br /> <br />and the reasons therefor. <br /> <br /> <br />7. Decisions. <br /> <br />a. Every decision of the Housing Board of Adjustments and Appeals shall be final, subject, however, to such remedy as any aggrieved <br /> <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 <br /> <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 <br /> <br /> appellant and a copy shall be kept posted in the office of the Enforcing Officer for two weeks after filing. <br /> <br />b. The Housing Board of Adjustments and Appeals shall in every case reach a decision without unreasonable or unnecessary delay. <br /> <br />c. If a decision of the Housing Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the Enforcing <br /> <br /> Officer, or varies the application of any provision of this Code, the Enforcing Officer shall immediately take action in accordance with such <br /> <br />decision. <br /> <br /> <br />Section 37.1-25. Emergency Action: <br /> <br />Whenever the Enforcing Officer finds that an emergency exists which requires immediate action to protect the health and safety of the <br /> <br /> occupants of a particular building or of the public, he may issue an order reciting the existence of an emergency and requiring immediate <br /> <br /> action to be taken as deemed necessary to meet the emergency. <br /> <br />Regardless of other provisions of this ordinance, such order shall take effect immediately and any person to whom such order is directed <br /> <br />shall comply therewith immediately; however, upon petition such person shall be afforded a hearing before the Housing Board of Adjustments <br /> <br /> and Appeals within twenty-four (24) hours. <br /> <br />After such hearing, depending upon its findings as to whether the provisions of this ordinance have been complied with, the Housing Board <br /> <br /> of Adjustments and Appeals shall continue, modify, or revoke such order. <br /> <br /> <br />ARTICLE 9 <br /> <br />DESIGNATION OF DWELLING UNFIT <br />FOR HUMAN HABITATION <br />AND <br />LEGAL PROCEDURE OF CONDEMNATION <br /> <br /> <br />Section 37.1-26. Evidence of Unfit Dwellings: <br /> <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 <br /> <br /> be condemned as unfit for human habitation: <br /> <br />1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or <br /> <br />safety of the occupants thereof or of the public. <br /> <br />2. One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants thereof or of the <br /> <br /> public. <br /> <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 <br /> <br /> or of the public. <br /> <br /> <br />Section 37.1-27. Placarding of Condemned Dwellings: <br /> <br />Any dwelling, building, or dwelling unit condemned as unfit for human habitation shall be so designated and placarded by the Enforcing Officer, <br /> <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 <br /> <br />designated time. <br /> <br />Any dwelling or dwelling unit thus condemned and placarded shall be vacated within a reasonable time. <br /> <br />The placard shall bear the following inscription: <br /> <br />“This building and premises is unfit for human habitation or occupancy, and the use or occupancy of this building and premises is prohibited <br /> <br /> and unlawful.” <br /> <br /> <br />Section 37.1-28. Removal of Placard: <br /> <br />No dwelling, building, or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for <br /> <br />human habitation until written approval is secured from, and such placard is removed by, the Enforcing Officer. <br /> <br />The Enforcing Officer shall remove such placard whenever the defect or defects upon which the condemnation action was based have <br /> <br /> been eliminated. <br /> <br /> <br />Section 37.1-29. Unauthorized Removal of Placard: <br /> <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 <br /> <br /> human habitation. <br /> <br /> <br />Section 37.1-30. Hearing on Condemnation Order: <br /> <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 <br /> <br /> human habitation may request and shall be granted a hearing on the matter before the Housing Board of Adjustments and Appeals. <br /> <br /> <br />Section 37.1-31. Correction of Unfit Conditions: <br /> <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 <br /> <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, <br /> <br />the Housing Board of Adjustments and Appeals may request the City Manager or the City Attorney to institute the necessary court proceeding <br /> <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 <br /> <br /> health and safety, and to obtain a suitable order from the Corporation Court against the owner or occupant, or both, as appears proper, <br /> <br />requiring such dwelling, building, or dwelling unit to be removed or made safe and sanitary within a specified time. <br /> <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 <br /> <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 <br /> <br />lien upon the land of the owner to the extent of the cost of such removal. <br /> <br />However, the City may sell material of any such demolished dwelling, building, or dwelling unit and credit the proceeds of such sale <br /> <br />against the cost of removal or demolition, and the balance remaining shall be disbursed as directed by the Corporation Court. <br /> <br /> <br />Section 37.1-32. Administrative Liability: <br /> <br />No officer, agent or employee of the Health Department or of the City of Charlottesville shall be personally liable for any damage that <br /> <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. <br /> <br /> <br />ARTICLE 10 <br /> <br />PENALTIES, SEPARABILITY, CONFLICT <br />OF ORDINANCE AND EFFECTIVE DATE <br /> <br /> <br />Section 37.1-33. Penalty for Violation: <br /> <br />Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any <br /> <br /> of the provisions of this ordinance shall be guilty of a misdemeanor, and each day after the first during which violation shall continue <br /> <br />shall constitute a separate violation. <br /> <br /> <br />Section 37.1-34. Validity of Chapter: <br /> <br />If any article, section, subsection, sentence, clause or phrase of this ordinance is for any reason declared invalid or unconstitutional <br /> <br /> by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. <br /> <br /> <br />Section 37.1-35. When Ordinance Prevails: <br /> <br />Whenever regulations contained in this ordinance impose higher requirements than regulations contained in other city ordinances, <br /> <br />the regulation of this ordinance shall prevail. <br /> <br /> <br />Section 37.1-36. Effective Date: <br /> <br />This ordinance shall take effect and be in force immediately upon passage. <br /> <br /> <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. <br /> <br />CLERK SIGNATURE <br />PRESIDENT SIGNATURE <br />