2023 Laws of Puerto Rico › TITLE SEVENTEEN - Housing (§§ 1 — 1546) › Chapter 7 - Slum Clearance (§§ 131 — 160) › § 145 - Elimination of unfit dwellings by municipalities—Ordinances authorized

Upon the adoption of an ordinance finding that dwelling conditions of the character described in § 143 of this title exist within a municipality, the governing body of such municipality is hereby authorized to adopt ordinances relating to the dwellings within such municipality which are unfit for human habitation. Such ordinances shall include the following provisions:
(a) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances.
(b) That whenever a petition is filed with the public officer by a public authority or by at least five (5) residents of the municipality charging that any dwelling is unfit for human habitation or whenever it appears to the public officer (on his own motion) that any dwelling is unfit for human habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such premises a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.
(c) That if, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring him (to the extent and within the time specified in the order) to repair, alter or improve the said dwelling to render it fit for human habitation or, at the option of the owner, to vacate and close the dwelling as a human habitation.
(d) That, if the owner fails to comply with such order within the time prescribed, the public officer may cause the dwelling to be vacated and closed; that the public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Any person who shall rent, lease, or occupy, or who shall permit any person to rent, lease or occupy such building for a human habitation shall be liable for such fine as may be prescribed by the ordinances of the municipality.
(e) That if, after notice and hearing, the public officer determines that a dwelling is in such condition (because of dilapidation, disrepair, structural defects, or otherwise) that it is dangerous or injurious to the health or safety of the public or the occupants of dwellings or the occupants of neighboring dwellings, said public officer shall issue and cause to be served upon the owner an order requiring him to repair, alter or improve the said dwelling to the extent and within the time specified in such order, or, at the option of the owner, to remove or demolish such dwelling; that if the owner fails to comply with such order within the time prescribed, the public officer may cause such dwelling to be repaired, altered or improved in accordance with the order, or, if such repairs, alterations or improvements cannot be made at a reasonable cost in relation to the value of the dwelling (the ordinance of the municipality may fix a certain percentage of such cost as being reasonable for such purpose), said public officer may cause such dwelling to be removed or demolished; and the cost of such repairs, alterations, improvements or removal, or demolition, shall be a lien against such real estate and assessed and collected as a special tax. If the building is removed or demolished by the public officer, he may sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Court of First Instance by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by the final award or judgment of such court.
(f) To carry out the provisions of subsection (e) of this section, the Secretary of the Treasury of Puerto Rico is hereby empowered and directed to advance, from municipal funds, up to the sum of one hundred thousand dollars ($100,000), to such first-class municipalities as may have approved, on the date of the approval of this act, ordinances relative to dwellings within the respective municipality that are unfit for human beings, and have appointed a public official who is to exercise the powers prescribed by the ordinances; Provided, That after the lien authorized by subsection (e) has been constituted on any property that has been repaired, altered, or improved, said lien can be negotiated by the municipality by reimbursing its total amount to the Secretary of the Treasury in order that said official may make new advances, provided that the total amount thereof does not exceed the one hundred thousand dollars ($100,000) hereby authorized; and Provided, further, That it is hereby expressly forbidden to repair, alter, or improve any dwelling the owner of which is not a citizen of the United States or has not been naturalized for at least five (5) years prior to the approval of this act.
History —May 15, 1938, No. 222, p. 429, § 2; Apr. 11, 1939, No. 25, p. 344, § 1.