Placard of Condemnation

[rktect 1]

I could use a little help on this one. I have a home that is occupied but has the water turned off. Fire was called for a distressed person. They entered and found hoarding throughout. The place has ceiling drywall missing. Its moist inside and what appears to be black mold on every surface (walls, ceiling, floors, railings, appliances) Everywhere. All over it. Moisture is dripping down the inside of windows. The hoarding appears to be garbage primarily, not "stuff" He was released from the hospital and then found once again inside the home with a friend who needed to seek medical attention from being in there. What I need is to know what this placard should look like using the 2015 IPMC Probably section 108.1.3 But I want to make sure I am using all of the code sections relevant here.

We have talked to the village attorney who agrees with this. We have a board up company we can contact.

 

[ICE]

That pretty much covers the bases. No running water results in no sanitation, No heat. Contains filth and contamination.

108.1.3 Structure unfit for human occupancy. 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, illu-
mination, sanitary or heating facilities or other essential
equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of the
structure or to the public.



109.1 Imminent danger. 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 endan-
gered 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 hereby authorized and empow-
ered to order and require the occupants to vacate the premises
forthwith.


The usual course is to specify a time frame to make repairs or cease to occupy. In this case it sounds like the environment is toxic. The definition of toxic is poisonous. That degree of mold would convince me that the building should be vacated immediately.
The conundrum is where will the guy go? A red tag isn't going to remove anybody. If the dwelling is boarded up somebody is going to have a responsibility for the well-being of the displaced occupants.

 

[rktect 1]

Yes, we are working with a hospital and religious organization to house the person.

 

[mtlogcabin]

https://www.atcouncil.org/pdfs/uplacard.pdf

Click on the link for correct format

UNSAFE DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER)
This structure has been inspected, found to be seriously damaged and is unsafe to occupy, as described below:
__________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________
Do not enter, except as specifically authorized in writing by jurisdiction.
Entry may result in death or injury. Facility Name and Address: __________________________________ __________________________________ __________________________________ Date ___________________________ Time ___________________________
This facility was inspected under emergency conditions for: ________________________________ (Jurisdiction) Inspector ID / Agency ________________________________ ________________________________ ________________________________
Do Not Remove, Alter, or Cover this Placard until Authorized by Governing Authority

 

[Joe.B]

Yup, we have that exact same posting. We print on red paper, fill it out, laminate it, post it, and take a bunch of pictures.

 

[Inspector Gift]

We do the same as Jeff and Joe. Declare the building UNSAFE, DO NOT OCCUPY and placard it. We use our City Municipal Code for the code citation.

 

[Keystone]

Placard is the first step, follow up with a written violation letter that includes all information regarding violations of its conditions as well a the right to lien, can file an appeal with board of appeals, etc.....

Our policy anytime we condemn is to have utilities disconnected and structure boarded from the first floor. Padlocks places and in control of the AHJ. Only accessible during regular business hours unless individual situation warrants otherwise.

 

[rktect 1]

So far.....

We did Placard the house. I have written the notice of Condemnation but we still need to serve it. Our social worker is working on getting him a place to stay. More pictures have come in and its worse than I thought before. The home had also been flooded up to about 2 feet on the ground/basement/walk out floor.

But, now that I have the letter and it has to give the owner a reasonable amount of time to bring it back into compliance as a habitable place, what is the next steps. Assume that this person is not going to fix the issues because there is no way he is going to by the end of May which is what we gave him. He is elderly and without family. I am assuming that probably all utilities have been cut off from this house since he was using a portable heater. He was also removed from his condo in another city for the same situation. But again, come end of May I will then need to do X

So what exactly is X?

 

[mtlogcabin]

The day he is moved to another location secure the structure and you are done. The legal process needs time to work properly but in the mean time the building is secured from entry by others...

[A] 116.2 Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

 

[Keystone]

I’d assume you confirmed the occupant is indeed the owner. If not do this before serving an actual written notice. He may be renting. If you and he’s the owner have then work under the assumption corrections won’t be made but do not take actual action until that date is up. You will have to take him to court and follow court process. In the interim you can have your Solicitor find out if he owns the property outright or has a mortgage. If he owns it outright he has a lot to lose and this information should be shared with the judge. If it’s bank owned, you or your Solicitor should reach out to the holder, all banks have a property preservation department or company they use for this type of service. Some banks are very helpful and will do minimal work to protect its asset, others need a push and some won’t act unless forced to by court order.