§ 5-18. Unsafe buildings defined; condemnation and abatement procedures.

(a)

Conditions. Any dwelling, dwelling unit, apartment house, roominghouse or other commercial building or structure used as such which:

(1)

Is unsafe, unsanitary, or unfit for human habitation, is not provided with adequate egress, constitutes a fire hazard or is otherwise dangerous to human life, or in relation to the existing use constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment;

(2)

Is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public; or

(3)

Lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public;

is hereby declared to be an unsafe building or a building unfit for human habitation and is declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures described in subsections (b) through (d) of this section.

(b)

Notice to owner; order to make safe or demolish. Whenever the person responsible for enforcement of this article shall find any building or structure to be unsafe or unfit for human habitation, he shall serve notice of such finding upon the owner, owner's agent, lessee, mortgagee and occupant as provided in this section and shall order such unsafe building or structure, or portion thereof, to be made safe by repair or restoration or to be demolished and removed. The notice shall include:

(1)

The street address, if any, of the unsafe structure and legal description of the property upon which the unsafe structure is located.

(2)

A description of the building or structure or portion thereof deemed unsafe.

(3)

A statement of the particulars in which the building or structure or portion thereof is unsafe.

(4)

A reasonable time, to be not less than thirty (30) days, for compliance with the order.

(5)

A statement that the city shall have the right to demolish the building or structure without further notice if the offending conditions are not repaired within the time required.

(6)

A statement that the owner shall be subject to penalties provided in this article if the offending conditions are not remedied within the time required.

(7)

A statement of the right of appeal as provided in this article.

(c)

Mailing of notice and order. The notice and order required by this section shall be mailed by certified mail to each owner, lessee, occupant and mortgagee of the structure as shown by the public records of the county and shall also be mailed to the owner's agent if such agent's name and address is on file in the tax assessor's office as revealed by the latest tax roll.

(d)

Placard. In addition, for any structure declared unsafe in accordance with this section, the notice shall be supplemented by a placard, in substantially the following form:

"CONDEMNED

"This building or structure is unsafe and subject to demolition pursuant to notice and order by the Town of Baldwin, Florida. The owner is subject to prosecution for failure to comply with said notice and order. It is unlawful to mutilate or remove this notice until such notice and order are complied with."

(Code 1964, § 5-35; Ord. No. 7-78, § 5, 1-23-79)