[HISTORY: Adopted by the Town Council of
the Town of Pinedale 1951 and 1970 by Ord. No. 24 (Ch. 15.24 of the 1983 Municipal Code).
Amendments noted where applicable.]
A.
If any building or part of any building, staging or
other structure, or anything attached to or connected with any building
or other structure, in the Town, is by reason of its construction
or use, or from fire, decay or other cause, dangerous or unsafe, so
as to endanger life or limb, or so as to be readily exposed to fire,
or for fire reasons, or whenever any building, erection or structure
whatever is built, rebuilt or repaired contrary to the provisions
of this chapter, or any ordinance of the Town, it shall be the duty
of the Building Inspector to inspect such structure, building or erection,
and if, in his opinion, the same is dangerous or the same is built,
rebuilt or repaired contrary to any provision of this chapter or any
ordinance of the Town, he shall immediately notify the owner, agent,
occupant or other party having an interest in the structure, building
or erection, to cause the same to be made safe or secure, or removed,
or made to conform to the provisions of this chapter as the case may
require.
B.
All such buildings, erections or structures which
are unsafe, unsecure, dangerous or are built, erected or rebuilt contrary
to the provisions of this chapter or any ordinance of the Town, after
the effective date of the ordinance codified in this chapter, are
declared to be a nuisance, and shall be removed.
The person or persons so notified as mentioned in § 151-1 shall be allowed 48 hours (unless further extended by the Town Council) following the time of the service of the notice in which to commence the securing or removal of such structure, as the case may be, and he or they shall employ sufficient labor to secure or remove the same as expeditiously as can be done; provided, however, that in cases where the public safety requires immediate action, such person may be required to commence such work immediately, and upon failure to do so, or in case such work is not prosecuted diligently, the Building Inspector may enter upon the premises with such workmen and assistants as may be necessary, and cause such unsafe, unsecure or unlawful structure to be shored up, taken down, removed or otherwise secured without delay, as the case may require, and a proper fence or boarding to be put up for the protection of passersby.
If the owner, agent, occupant or other party interested in the unsafe and unlawful structure, having been notified, refuses or neglects to comply with the requirements of the notice, as provided in §§ 151-1 and 151-2, then a careful inspection of the premises named in the notice shall be made at once by a qualified engineer selected and appointed by the Town Council, the Fire Chief, the Building Inspector and such other inspectors as the Mayor and the Council may designate; and the report of such inspection shall be reduced to writing, and a copy served upon the owner, occupant or other party interested.
Whenever the report of any inspection made as provided in § 151-3 declares the structure to be unsafe, or dangerous to life or limb, or is built, or being built, or rebuilt, or repaired, contrary to the provisions of this chapter, or any ordinance of the Town, the Building Inspector shall, upon the continued refusal or neglect of the owner, agent, occupant or other interested party, report such matter to the Town Attorney for immediate prosecution for keeping and maintaining a nuisance and violating the ordinances of the Town.
If any building in the Town appears, upon examination
of the Building Inspector, to be dangerous to life, limb or property
by reason of insufficient thickness of walls, overloaded floors, defective
construction or other causes, the Building Inspector, besides proceeding
as provided in this chapter, may affix a notice of the dangerous and
unlawful character of the building, and it is unlawful for any person
to remove such notice.
In case the owner or agent of such building, provided for in this chapter, cannot be found within the Town, then, and in that event, an inspection shall be made as provided in § 151-3, and immediately thereupon the Building Inspector may proceed to abate the nuisance in or about such building, by taking down such building or otherwise abating the nuisance. And in such case, and in all other cases, costs of abatement of the nuisance shall be itemized, and returned to the Town Clerk-Treasurer, and the Town Council shall cause an assessment of such expense to be made against the premises, upon which such building is located, or the building itself, and such expense may be recovered in a civil action.
[Amended 1984 by Ord. No. 153]
After being notified as provided in this chapter, any person who fails, refuses or neglects to remove or disassemble any structure deemed unsafe or dangerous, or any person who is repairing or rebuilding any unsafe or dangerous structure, or any person who permits any structure to remain in an unsafe or dangerous condition, is guilty of a misdemeanor and, upon conviction, shall be subject to the general penalty provisions of Chapter 1, Article IV, General Penalty.
