1.3 Notices, Citations, Appeals, and Condemnation of Unsafe Structures

Notices, Citations, Appeals, and Condemnation of Unsafe Structures

When a property is found to be in violation of the International Property Maintenance Code (IPMC), a structured legal process must be followed. This ensures due process for property owners while swiftly addressing threats to public safety.

Section 107: Notices and Orders

Due process requires that individuals are informed of allegations against them and given an opportunity to correct them. The IPMC mandates specific procedures for issuing notices of violation.

Notice to Person Responsible (IPMC 107.1)

Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the person responsible for the building or premises. Note that this notice requirement does not apply in cases of imminent danger, where immediate action is necessary.

Form of Notice (IPMC 107.2)

A notice of violation must be properly structured to be legally enforceable. It must:

1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance.
5. Inform the property owner or owner's authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.

Method of Service (IPMC 107.3)

Proper service of the notice is critical. If notice is improperly served, any subsequent legal action against the owner may be dismissed. Notice is deemed properly served if a copy is:

• Delivered personally.
• Sent by certified or first-class mail addressed to the last known address.
• If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

Transfer of Ownership (IPMC 107.6)

It is unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such property to another until the provisions of the compliance order or notice of violation have been complied with.

Alternatively, the owner can furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation and receive a signed and notarized statement from the grantee acknowledging the receipt of such notice and accepting responsibility.

Section 108: Unsafe Structures and Equipment

When a structure deteriorates to a point where it poses a significant threat, the code official must intervene more aggressively.

Unsafe Structures (IPMC 108.1.1)

An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

Unsafe Equipment (IPMC 108.1.2)

Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

Structure Unfit for Human Occupancy (IPMC 108.1.3)

A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful, or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities.

Placarding (IPMC 108.4)

If a structure is deemed unsafe or unfit for human occupancy, the code official shall post on the premises a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

Only the code official has the authority to remove the placard once the defect has been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

Section 109: Emergency Measures

In situations where waiting for a notice of violation to mature would risk human life, the code official has extraordinary powers.

Imminent Danger (IPMC 109.1)

When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is authorized to order and require the occupants to vacate the premises immediately.

The code official shall cause to be posted at each entrance to such structure a notice reading: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."

Section 111: Means of Appeal

To ensure that the code official's decisions are fair and objective, the IPMC establishes an appeals process.

Application for Appeal (IPMC 111.1)

Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals.

An appeal must be based on a claim that:

1. The true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted.
2. The provisions of this code do not fully apply.
3. The requirements of this code are adequately satisfied by other means.

Board of Appeals (IPMC 111.2)

The board of appeals is appointed by the chief appointing authority and consists of members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. This ensures an impartial review of the code official's decisions.