[Res. No. 136-06, 12-26-2006]
All buildings or structures or any part thereof which have any or all of the following defects shall be deemed to endanger the health, safety, and welfare of the public and shall be deemed dangerous buildings within the meaning of this article:
(1) 
Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base.
(2) 
Those which, exclusive of the foundations, show 25% or more of damage or deterioration of the supporting members or 50% of damage or deterioration of the nonsupporting outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which such floors or roofs are overloaded, or which have insufficient design strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants, neighboring property, or the people of the city.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness, disease or injury to the health, morals, safety, or general welfare of those living therein.
(6) 
Those which are unoccupied; which have been vacant for a period in excess of one month; which have either doors, windows, or other openings broken, removed, or improperly sealed or boarded up; and which building or structure is not enclosed in a safe and approved manner.
(7) 
Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
(8) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(9) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(10) 
Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety, or general welfare of the people of this city.
(11) 
Those buildings existing in violation of any provision of any ordinance or resolution of the city or in violation of any law of the state.
[Res. No. 136-06, 12-26-2006]
The following standards shall be followed in substance by the Code Enforcement Officer and the Fire Chief in ordering repair, vacation, or demolition:
(1) 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
(2) 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
(3) 
In any case where a dangerous building or any part thereof is 50% or more damaged or decayed, or deteriorated from its original value or structure, the building or part thereof shall be demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article, any ordinance of this city, or statute of the state, it shall be demolished.
[Res. No. 136-06, 12-26-2006]
All dangerous buildings within the terms of Sec. 6-236 are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as provided in this article.
[Res. No. 136-06, 12-26-2006]
If, following inspection, conditions described in Sec 6-236 are found to exist, the Code Enforcement Officer shall:
(1) 
Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in such building as shown by the records of the County Clerk, or of any building found by him to be a dangerous building within the standards set forth in Sec. 6-236, that:
a. 
The owner must vacate, repair, or demolish such building in accordance with the terms of the notice and this article;
b. 
The occupant or lessee must vacate such building or may have it repaired in accordance with the notice and remain in possession;
c. 
The mortgagee, agent, or other persons having an interest in such building, as shown by the records of the County Clerk, may, at his own risk, repair, vacate, or demolish such building or have such work or act done; provided that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for in this section.
(2) 
Set forth in the notice provided for in subdivision (1) of this section a description of the building, structure or part thereof deemed unsafe, a statement of the particulars which make the building, structure or part thereof a dangerous building and an order requiring such dangerous building to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable.
(3) 
Report to the Fire Chief any noncompliance and the notice provided for in subdivisions (1) and (2) of this section.
(4) 
Place a notice on all dangerous buildings reading as follows: "This building has been found to be a dangerous building by the Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in the building as shown by the records of the county clerk. It is unlawful to remove this notice until such notice is complied with."
[Res. No. 136-06, 12-26-2006]
If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Sec. 6-239(1) within 10 days, the Fire Chief shall report such fact to the Common Council in writing and transmit to the Common Council at such time a copy of any records created by the Code Enforcement Office and of the order provided for in Sec. 6-239(1). The Common Council by resolution or ordinance shall authorize and direct the Fire Chief to cause such building or structure to be repaired, vacated, or demolished, as the facts may warrant, under the standards provided for in Sec. 6-237. The costs of such repair, vacation, or demolition shall be charged as an expense against the land on which such building or structure is located, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the Common Council may direct the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
(Res. No. 136-06, 12-26-2006)
[Res. No. 136-06, 12-26-2006]
If it reasonably appears that there is an immediate danger to life or safety of any person unless a dangerous building is immediately repaired, vacated, or demolished, the Code Enforcement Office shall report such facts to the Fire Chief. The fire chief shall report his recommendations to the Mayor and, upon concurrence of the Mayor, shall cause the immediate repair or demolition of such dangerous building. In the absence of the Mayor, the Fire Chief shall be empowered to make such decision in his or her own right. The cost of such emergency repair or demolition of such dangerous building shall be collected in the same manner as provided in Sec. 6-240, charged as an expense against the land on which such building or structure is located.
[Res. No. 136-06, 12-26-2006]
No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the City Attorney until the final determination of the proceeding therein. Any judgment against any such person shall be paid by the city.
[Res. No. 136-06, 12-26-2006]
In all cases where notice or orders provided for in this article are required to be served, such service shall be made upon the necessary persons either by registered mail directed to such persons at their last known address, as shown by the records of the County Clerk, or by personal service of such notice or order upon such persons. If service is made by registered mail, a copy of such notice or order shall be posted in a conspicuous place on the dangerous building to which it relates.