[Code 1979, § 9.151]
Any building or structure which has any of the following defects
or is in any of the following conditions shall be deemed a dangerous
and unsafe structure:
(1) Whenever any door, aisle, passageway, stairway or other
means of exit does not conform to the approved fire code of the City,
it shall be considered that such dwelling does not meet the requirements
of this article.
(2) Whenever any portion has been damaged by fire, wind,
flood or by any other cause in such a manner that the structural strength
or stability is appreciably less than it was before such catastrophe
and is less than the minimum requirements of this article and the
building code of the City for a new building or similar structure,
purpose or location.
(3) Whenever any portion or member or appurtenance is likely
to fall or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(4) Whenever any portion has settled to such an extent
that walls or other structural portions have materially less resistance
to winds than is required in the case of new construction by this
article or the building code of the City.
(5) Whenever the building or structure or any part, because
of dilapidation, deterioration, decay or faulty construction, or because
of the removal or movement of some portion of the ground necessary
for the purpose of supporting such building or portion thereof, or
for other reasons, is likely to partially or completely collapse,
or some portion of the foundation or underpinning is likely to fall
or give way.
(6) Whenever for any reason whatsoever the building or
structure or any portion is manifestly unsafe for the purpose for
which it is used.
(7) Whenever the building or structure has been so damaged
by fire, wind or flood, or has become so dilapidated or deteriorated
as to become an attractive nuisance to children who might play therein
to their danger, or as to afford a harbor for vagrants, criminals
or immoral persons, or as to enable persons to resort thereto for
the purpose of committing a nuisance or unlawful or immoral act.
(8) Whenever a building or structure used or intended to
be used for dwelling purposes, because of dilapidation, decay, damage
or faulty construction or arrangement or otherwise, is unsanitary
or unfit for human habitation or is in a condition that is likely
to cause sickness or disease when so determined by the health officer,
or is likely to work injury to the health, safety or general welfare
of those living therein.
(9) Whenever any building becomes vacant, dilapidated and
open at door or window, leaving the interior of the building exposed
to the elements or accessible to entrance by trespassers.
[Code 1979, § 9.152]
All dangerous and unsafe structures within the terms of §
14-131 are hereby declared to be public nuisances, and shall be repaired, altered, vacated or demolished as provided in this article.
[Code 1979, § 9.153]
The building inspector, the Fire Chief and/or the health officer
of the City, or anyone specifically deputized therefor by one of the
officers, shall enter upon any land or into any building or structure
for the purpose of and to inspect, and shall inspect the same, whenever
he shall have cause to believe or fear that the building, structure,
shed, fence or other manmade structure is a dangerous and unsafe building
and structure as described in this article.
[Code 1979, § 9.154]
It shall be unlawful to maintain or permit the existence of
any dangerous and unsafe building or structure in the City; and it
shall be unlawful for the owner, occupant or agent thereof, or any
person in custody and/or possession of any dangerous and unsafe building
or structure to permit it to remain in a dangerous condition, or to
occupy such building or permit it to be occupied while it remains
in a dangerous condition.
[Code 1979, § 9.155]
When the whole or any part of any building or structure is found
to be in a dangerous or unsafe condition as set forth in this article,
the City, through its building inspector, Fire Chief and/or health
officer, shall issue a notice of unsafe and dangerous condition.
(1) The notice of unsafe and dangerous condition shall
be directed to the owner, agent or lessee registered with the City.
If no owner, agent or lessee has been registered, the notice of unsafe
and dangerous condition shall be directed to each owner of or party
in interest in the building or structure in whose name the property
appears on the last local tax assessment records.
(2) The notice of unsafe and dangerous condition shall
specify the time and place of a hearing on the condition of the building
or structure at which time and place the person to whom the notice
of unsafe and dangerous condition is directed shall have the opportunity
to show cause why the building or structure should not be ordered
to be demolished or otherwise made safe.
(3) It shall be imperative that the time and place of a
hearing shall be contained within the notice of unsafe and dangerous
condition. The person to whom the notice of unsafe and dangerous condition
is directed need not make any demand for the hearing.
[Code 1979, § 9.160]
An owner or party in interest aggrieved by any final decision or order of the City Council under §
14-138 may appeal the decision or order of the City Council to the county circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision of the City Council.
[Code 1979, § 9.161]
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 until the final determination of the proceedings.