[Ord. 2018-442; Ord. 2002-31 § 32 (part); Ord. 89-371 § 2]
The building official, the neighborhood services director or their respective reports or designees are hereby authorized and directed to enforce all the provisions of this chapter.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 3]
A. 
UNSAFE BUILDING OR STRUCTURE - Is any building or structure abandoned, boarded or otherwise deemed to be unsafe as defined in Section 203 of the Uniform Building Code.
B. 
BOARDED BUILDING - Is any vacant or abandoned building on which any of the doors, windows, or other opening into such building are boarded up or otherwise closed by any means other than conventional methods used in the design of the building.
C. 
ABANDONED BUILDING - Is any structure or part of a structure which is unoccupied and is deemed hazardous due to the fact that the building is unsecured and open to trespass.
D. 
VACANT BUILDING - Is any building or structure which is unoccupied and remains secure by conventional methods used in the design of the building.
E. 
SECURE BUILDING - May be a vacant or boarded structure which is not open to trespass.
F. 
PROPERTY OWNER - Means the contract purchaser, if there is one of record; otherwise, the record holder of legal title.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 4]
Any building or structure that is unoccupied and has any doors, windows or other openings into such building which allow the buildings to be subject to trespass and the elements shall be deemed a public safety hazard and a public nuisance. The property owner of the unoccupied building shall secure the building by boarding or through the replacement of the conventional barriers used in the design of the building.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 5]
A. 
No unauthorized person shall remove, tamper with or otherwise alter any conventional or unconventional barriers which are used to secure a building from trespass and damage from the elements.
B. 
No person shall occupy or permit to be occupied by another person any boarded or abandoned dwelling, building or structure unless the building is in reasonable compliance with the provisions of the City housing code and has been issued a certificate of structure compliance pursuant to Section 8.15.145.
C. 
No person shall enter any unoccupied dwelling, building or structure without permission in writing from the building officials or designee. Provided, however, entry may be made by the owner or the owner's authorized representative and entry may be made by the building officials or designee with the consent of the owner or through any remedy provided by law to secure entry.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 6]
A. 
The building official or designee is authorized to enter and remain on private property for the purposes of determining whether an unoccupied dwelling, building or structure is secure, abandoned, vacant or boarded.
B. 
The building official or designee may enter and remain upon the premises to complete work required by this chapter after the identified responsible persons have been notified of existing violations pursuant to 8.16.060 and the order to correct the violation has become final without compliance.
C. 
Any person possessing a valid permit may enter and remain on the property to make repairs, demolish or remove such building or structure.
D. 
Employees or agents of the City may enter and remain on the property for the purposes of removing debris, trash, brush and weeds pursuant to the applicable ordinances.
[Ord. 2015-118 § 18; Ord. 2002-31 § 32 (part); Ord. 89-371 § 7]
A. 
Commencement of Proceedings. Whenever the building official or designee has inspected or caused to be inspected any building or structure or premises upon which same is located and has found and determined that the building is abandoned, the building official shall commence proceedings to cause the building to be secured.
B. 
Notice and Order. The building official or designee shall, by certified mail or personal service, issue a notice and order directed to the property owner of the building. The notice and order shall contain:
1. 
The street address and legal description sufficient for identification of the premises upon which the building is located.
2. 
A statement that the building official or designee has found the building to be unsecured.
3. 
A statement of the action required to be taken as determined by the building official or designee.
(a) 
If the building official or designee has determined that the building or structure must be secured, the order shall require that the work be commenced immediately and completed within such time not to exceed seven days from the date of the notice and order.
(b) 
If the building official or designee has determined that an interior inspection must be conducted in the building or structure, the order shall require such inspection and state a date and time for said inspection to take place.
4. 
A statement advising that the building or structure, whether abandoned or boarded, must remain unoccupied and shall be posted until such time as inspections are completed and reasonable compliance with the housing codes substantiated and a certificate of structure compliance issued.
5. 
Statements advising that the building or structure, if vacant and unsecure, shall have no active utilities and that those utilities shall be discontinued as soon as practical after the order has become final and that the responsibility to protect the plumbing from freezing shall be the owner's.
6. 
A statement notifying the property owner of his or her rights to a hearing before the administrative hearing officer pursuant to the provisions of Chapter 2.86 of the City code.
7. 
A statement that if the order is not complied with and request for hearing is not made within the designated period, the City may perform the required action and assess the costs against such person pursuant to Chapter 8.12.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 8]
If the notified property owner neglects or fails to commence the necessary work to secure the building or structure by the date set forth in the notice and order, the City may perform the required action and bill the property owner pursuant to Chapter 8.12. The building official or designee shall keep an accurate account to reflect the material and labor utilized, at a reasonable market rate to be determined by the building official or designee. Action taken pursuant to this chapter does not preclude the City from seeking alternative relief under the Uniform Housing Code. Such alternative relief may include, but is not limited to, repair or demolition of the building and removal of any debris on the property.
[Ord. 2018-442; Ord. 2005-98 § 1; Ord. 2002-31 § 32 (part); Ord. 89-371 § 9]
A. 
Boarding. All windows and doors which are accessible to trespass from the grade or those openings which allow the elements to enter shall be secured by boarding which is a minimum of three-eighths inch thickness plywood of exterior quality; chipboard or waferboard is prohibited. The plywood shall be fitted tightly to the frame of the window or door or other opening using ring-shank, galvanized or sinker nails not less than eight penny or screws not less than 1 1/2 inches in length. Boards must be fixed in such a way as to substantially prevent their easy removal and must be nailed every six inches around the perimeter. The entire opening must be boarded. The boards used shall be of a solid, muted color that blends with prevailing color of the structure. Other alternate connectors or methods shall be subject to the building official or designee's approval. At the option of the owner, an abandoned building or structure may be secured by the owner through repair and/or replacement of the conventional equipment used for such purposes in the design of the building. Once secured by repair or replacement of conventional equipment following a notice and order directing such action, the building or structure must remain secure. The failure to maintain security by the replacement of conventional equipment will require that all doors and windows be secured by boarding. If boarded by the City, and keys or working locks cannot be located, the building shall be secured at one door only with padlock and hasp. The owner may obtain a key upon presentation of proper identification to the building official or designee during normal office hours. Costs incurred for lock and hasp shall be recovered according to Section 8.12.100.
B. 
If painting of boards is required to comply with subsection A of this section, it shall be subject to the following additional rules: 1) from March 15 to November 14 painting of boards shall be performed upon installation or by the deadline specified in the notice and order to secure, if a notice and order was issued, however from March 15 to April 30 a written waiver may be obtained from the neighborhood services department if in the enforcement authority's opinion insufficient days of good weather occurred during the timeframe; 2) no notice and order shall set a deadline for the painting of boards during the four-month timeframe beginning November 15 and ending March 14 ("winter timeframe"); 3) if an owner secures his building during the winter timeframe said building will be treated for painting purposes as having been boarded on the next subsequent March 15; 4) in making its determination of "good weather" the enforcement authority shall consider that painting is generally not advisable below 55° F.; 5) if the City performs the board up between November 15 to March 14, the bill for such work shall include the fee for painting despite the fact the painting may not occur until the weather permits.
[Ord. 2002-31 § 32 (part); Ord. 89-371 § 10]
The City building department may refuse an application for building permits for the repair or demolition of a building or structure if any liens for unpaid charges for work performed by the City or its agents according to notice and order of this chapter remain unpaid. A building permit may be issued when all requirements for said permit are met and proof of payment of liens filed pursuant to this chapter is presented.
[Ord. 2018-442; Ord. 2002-31 § 32 (part); Ord. 89-371 § 11]
Anyone violating the provisions of this chapter is guilty of a municipal infraction and shall, upon conviction, be fined $100 for a first offense, $200 for a second offense, and $500 for every offense thereafter for the same violation. Each day a violation is permitted to exist is considered a separate offense. In addition to other remedies, the City may institute any appropriate action or proceedings to prevent such unlawful act or to restrain, correct or abate such violation.