All buildings or structures which have any or all of the following
defects shall be deemed "unsafe buildings":
A.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base;
B.
Those which, exclusive of the foundation, show thirty-three-percent
or more damage or deterioration of the supporting member or members
or fifty-percent damage or deterioration of the nonsupporting interior
or outside walls;
C.
Those which have improperly distributed loads upon the floors or
roofs in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose it is intended to be
used;
D.
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants or the people of the Tribe;
E.
Buildings or structures which have become or are so dilapidated,
decayed or unsafe that they are unfit for human habitation or are
likely to cause injury to occupants or to others in the vicinity;
F.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property;
G.
Those which have been abandoned by the owner, and because of abandonment
could or have become dangerous to the health, safety or general welfare
of the public; and
H.
Those buildings existing in violation of applicable building and
fire safety codes.
The following standards shall be followed by the Building Inspector
or other enforcement officers designated by the Tribal Council in
ordering repair, vacation or demolition of unsafe buildings or structures:
A.
If the unsafe building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered repaired;
B.
If the unsafe building is in such condition as to make it dangerous
to the health, safety or general welfare of its occupants, it shall
be ordered to be vacated;
C.
If the unsafe building is 50% damaged, decayed or deteriorated from
its original value, or if it cannot be repaired so that it will no
longer exist in violation of this chapter or applicable fire safety
codes, it shall be ordered demolished;
D.
If the unsafe building, whether or not vacant, has not been repaired
in accordance with the notice and order of the Building Inspector,
and if it is in such condition as to make it dangerous to the health,
safety or general welfare of its occupants or the public, and the
vacation of the building would not eliminate such condition, it shall
be ordered demolished; or
E.
If a vacant, unoccupied or used building is so dilapidated or in
such a state of disrepair that it constitutes a danger to the safety
of children or the health and general welfare of the neighborhood,
it shall be ordered demolished.
All unsafe buildings within the terms of § 9.6-6 are hereby declared to be public nuisances and shall be ordered repaired, vacated or demolished as provided in this chapter.
The Building Inspector, or assistants specially designated by
the Tribal Council, shall:
A.
Inspect or cause to be inspected annually all public buildings, schools, churches, residential units, hotels or other commercial buildings within the Pine Creek Reservation and other lands within the territorial jurisdiction of the Tribe for the purpose of determining whether any condition exists which render such places "unsafe buildings" within the terms of § 9.6-6 of this chapter;
B.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter;
C.
Inspect any building, wall or structure reported by the fire department
or police department having jurisdiction within the Pine Creek Reservation
or other trust lands as probably existing in violation of this chapter;
D.
Notify, in writing, the owner, occupant, lessee or any other person
claiming an interest in a building or structure found to be an unsafe
building that:
(1)
The owner must vacate, repair or demolish the building in accordance
with the terms of the notice and this chapter;
(2)
The occupant or lessee must vacate the building or may have it repaired
in accordance with the notice and remain in possession; or
(3)
The owner or other person(s) having an interest in the building may,
at his own risk and expense, repair, vacate or demolish the building
or have such work done, provided that the person shall be required
to commence and complete the work or act required by the order within
a reasonable time not exceeding thirty (30) days.
E.
Set forth in the notice provided in Subsection D(3) hereof a description of the building or structure deemed unsafe, a statement of the particular conditions which make the building or structure an unsafe building, and an order requiring the corrective action to be taken within a reasonable period of time not exceeding thirty (30) days.
F.
Report any noncompliance and/or nonresponse to the notice provided
to the Tribal Council;
G.
Appear at all hearings conducted by the Tribal Council and testify
as to the condition of the unsafe buildings;
H.
Place a notice on all unsafe buildings reading as follows:
"This building has been found to be an unsafe and dangerous
building by the Building Inspector designated by the Tribal Council.
This notice is to remain on this building until it is repaired, vacated
or demolished in accordance with the notice which has been given to
the owner, occupant, lessee and other persons having an interest in
the building. It is unlawful to remove this notice until the conditions
required in the notice are complied with."
A.
Failure of owner to comply with notice. In the event an owner or
other persons having an interest in a building or structure found
to exist in violation of this chapter fails or refuses to repair,
vacate, demolish and remove the unsafe building within the time directed
by the Building Inspector, the Tribal Council may, in its judgment,
cause the same to be repaired, vacated or demolished or take such
other steps as it may find to be necessary to suppress and abate the
nuisance and remove the fire and safety hazard and the danger to life,
health or other property found to exist and may, in its discretion,
charge the cost and expense of doing such work against the owner(s)
responsible for creating the condition requiring abatement.
B.
Right to hearing. Before the Tribal Council may direct that a building or structure may be repaired, vacated or demolished, as provided in this chapter, the Building Inspector shall notify the owners thereof, in writing, by certified or registered mail to the last known address of such owner, or by personal service of such notice by the Building Inspector or his assistant, or by posting notice as provided in § 9.6-8, that a hearing will be held before the Tribal Council at a designated place at a time not less than ten (10) days after the date of such written notice, at which time and place the owner shall be entitled to be heard in person or by counsel upon all legal or factual questions relating to the matter and shall be entitled to offer such evidence as he may desire which is relevant or material to the questions sought to be determined or the remedies sought to be effected.
C.
Notice by posting/publication. If the name or whereabouts of the
owner cannot, after due diligence, be discovered, the notice herein
referred to shall be considered properly and adequately served if
a copy therefor is posted on the outside of the building or structure
in question at least ten (10) days prior to the date fixed for the
hearing and a notice of the hearing is published on time in a newspaper
having general circulation in Calhoun County at least one (1) week
prior to the date fixed for such hearing. Such notice shall state
the address or location of the building or structure and the time,
place and purpose of the hearing.
D.
Default. If the owner fails to respond to the notice and/or fails to attend the hearing before the Tribal Council, a default shall be entered against the owner, and the Tribal Council shall enter an order requiring the unsafe building or structure to be repaired, vacated and/or demolished, as the Tribal Council deems appropriate, under the circumstances consistent with the requirements described in § 9.6-6.
E.
Form of order. The Tribal Council's order shall require the
owner to commence demolition, removal and/or other remedial steps
within thirty (30) days after the date of the Tribal Council's
order. The Tribal Council's order may:
(1)
Require the owner, within the time specified in the order, to repair,
alter or improve such building to render it fit for human habitation
or for other use, and to vacate and close the building; or
(2)
Require the owner, within the time specified in the order, to repair,
alter or improve such building to render it fit for human habitation
or for other use, or to vacate and close the building; or
(3)
Require the owner to abate the nuisance, and setting out generally
those steps necessary to abate it, including boarding up an abandoned
or vacant building. In addition, such order shall state that, unless
the owner complies with the order, the Tribe's Building Inspector
shall have the power, without further notice or proceedings, to vacate
and secure the building or premises and do any act required of the
owner in the order of the Tribal Council, and to charge any expenses
incurred thereby to the owner, and such costs may be recovered by
withholding any amounts that such owner(s) may be entitled to receive
from any amounts, other than need-based benefits that the owner may
be entitled to under applicable tribal law or enactments.
In all cases in which the Tribal Council, under authority of
this chapter, causes the demolition and removal of any unsafe building
or structure to be carried out, or directs such other remedial steps
to be taken as may be necessary to abate the nuisance and remove the
hazards, it shall be conclusively presumed that the public nuisance
and the fire safety hazard and danger to life, health or other property
created and maintained by the continued presence of such unsafe building
or structure in such condition as is found to exist constitute a clear
and present danger amounting to a situation of emergency involving
the public health, safety and general welfare which requires entry
upon private property for the summary abatement and removal of such
danger in the public interest.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless an "unsafe building" as defined herein is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the Tribal Council and the Tribal Council shall cause the immediate repair, vacation or demolition of the "unsafe building". The cost of such emergency repair, vacation or demolition may be charged to the owner as provided in § 9.6-9E(3).
All employees of the Tribal Police Departments shall make a
report to the Building Inspector of any buildings or structures which
are or are suspected to be unsafe buildings within the terms of this
chapter. Such reports shall be delivered to the Building Inspector
within twenty-four (24) hours of the discovery of an unsafe building
by a tribal police officer.
It shall be unlawful and a violation of this chapter to knowingly:
A.
Occupy or suffer to be occupied any building or premises ordered
vacated;
B.
Fail to comply with any order issued pursuant to this chapter; or
C.
Obstruct any officer or agent of the Tribe in the enforcement of
this chapter. Violation of this section is a civil infraction punishable
by a civil fine not less than $250.
If any clause, sentence, paragraph, section or part of this
chapter shall for any reason be adjudicated by any court of competent
jurisdiction to be invalid or unconstitutional, such judgment shall
not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in the controversy in which the
judgment shall have been rendered.
