[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.
