As used in this chapter, the following terms shall have the
meanings indicated:
UNSAFE BUILDING
All buildings or structures, or parts thereof, which may
have any or all of the following defects shall be deemed unsafe buildings:
A.
Those which have been damaged by fire, wind, storm, or other
causes so as to have become dangerous to life, safety, or the general
health and welfare of the occupants or the public;
B.
Those which have become or are so dilapidated, decayed, damaged,
unsanitary, unsafe, or vermin- or rodent-infested that it creates
a hazard to the health, safety, or general welfare of the occupants
or the public;
C.
Those having light, air, sanitary, plumbing or heating facilities
or other essential equipment which are inadequate to protect the health,
safety or general welfare of the occupants or the public;
D.
Those having inadequate facilities for egress in case of fire
or panic or which are dangerous to life, health, property or the safety
of its occupants by not providing minimum protection from fire;
E.
Those which are structurally unsound, dangerous, or of such
faulty construction or unstable foundation that they are likely to
partially or completely collapse, or which have parts thereof which
are so attached that they may fall and injure members of this Town
or their property;
F.
Those which are vacant, abandoned or are blighting or deteriorating
factors in the neighborhood or which because of their general condition
are unsafe, unsanitary, or otherwise dangerous to the health, safety
or general welfare of the public.
The following standards shall be followed in substance in ordering
or initiating the repair, demolition, vacating, and placarding and
securing of any unsafe building:
A. Repair. If the unsafe building can be reasonably repaired so that
it will no longer be in violation of the terms of this chapter, it
shall be ordered to be repaired. The owner of an unsafe building that
has been ordered to be repaired shall be given notice of the required
repairs and a reasonable time to make the repairs.
B. Demolition. In any case where an unsafe building is substantially
damaged or decayed or deteriorated from its original value or structure,
the building cannot reasonably be repaired so that it will no longer
be in violation of the terms of this chapter, and the building is
not architecturally significant, condemnation and demolition will
be initiated under applicable law. Determination of architectural
significance shall be based on the level of contributing resource
according to the listing for the National Register nomination. If
level of contributing resource classification is A, B, or C, it shall
be deemed significant. If it is deemed significant and if the cost
of reasonable repair does not exceed 25% of the estimated market value
of the property, condemnation and demolition will not be initiated.
In all cases where an unsafe building is a fire hazard existing or
erected in violation of the terms of this chapter or any ordinance
of the Town or provision of county or state law, condemnation and
demolition will be initiated.
C. Vacating and placarding. If an unsafe building or part of it is in
such condition as to make it dangerous to life, property or public
safety, the building or part of it shall be ordered to be placarded
and vacated. The owner and any occupants of any unsafe building that
has been ordered to be vacated shall be given notice to vacate immediately
or within a specified time, and a warning placard of appropriate size
shall be posted at each entrance to such a building.
(1) The warning placard shall include language similar to the following:
THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED
BY THE TOWN OF BRENTWOOD.
(2) The placard also shall include the chapter and section of the Code
under which it is issued; an order that the building when vacated
must remain vacant until the provisions of the order are complied
with and the order to vacate is withdrawn; the date that the placard
is posted; and a statement of the penalty for defacing or removing
the placard. The warning placard shall remain posted until the required
repairs are made or demolition is completed.
(3) No person shall deface or remove any warning placard after it has
been posted until the required repairs or demolition have been completed.
(4) No person shall remain in or enter any unsafe building which has
been so posted except for the purpose of making the required repairs
or of demolishing the same.
(5) Any person occupying an unsafe building or part of one which has
been ordered to be vacated shall vacate the building or part of it
in accordance with the terms of the warning placard and order to vacate.
(6) A person shall not occupy and an owner shall not permit a person
to occupy an unsafe building or part of it which has been posted with
a warning placard and ordered to be vacated until the Code Enforcement
Officer approves the reoccupancy and removes the warning placard.
(7) Once the unsafe building is vacant, the owner, at its own expense, shall secure and board all windows and doors that are accessible from the ground, from an adjacent structure, or by the reasonably foreseeable use of a ladder, table or other device, and must keep them secured against unauthorized entry. All such sealing of buildings shall be conducted in conformance with §
57-17.
(8) Upon the failure of an owner or occupant of an unsafe building which has been ordered to be vacated to vacate the building or part of it or the failure of an owner to properly secure or seal the unsafe building, the Town may cause the building to be vacated or secured through appropriate court action, or by contract or arrangement with private persons. The costs thereof, including reasonable attorneys' fees, shall be paid by the owner. The Town shall send the owner a bill for the costs by certified mail, return receipt requested, and by regular mail to the owner's last-known address or by any other means reasonably calculated to bring the bill to the owner's attention. If the owner does not pay the bill within one month after it is presented, the costs shall be a lien against the real property which may be collected and enforced in the same manner as are taxes, special assignments, and other liens on real property or collected as provided for in §
57-21.