[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
These regulations shall be known as the abatement of dangerous buildings code, may be cited as such, and will be referred to herein as "this code."
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Purpose. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the building code, housing code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
B. 
Scope. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction.
C. 
Conflicting Provisions. Whenever conflicting provisions or requirements occur between this code, the technical code or any codes or laws, the most restrictive shall govern.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
General. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
B. 
Specific:
1. 
BUILDING CODE - Shall mean the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
2. 
DANGEROUS BUILDING - Shall mean any building or structure deemed to be dangerous under the provisions of Section 8.17.120.
3. 
DESIGNATED OFFICIAL - Shall mean the designated or authorized personnel described in Section 8.17.040 and their authorized inspection personnel.
4. 
HEALTH OFFICIAL - Shall mean the designated or authorized personnel of the chief health officer of the Scott County Health Department.
5. 
HOUSING CODE - Shall mean the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Any City official may be designated by the City Administrator to enforce the provisions of this code. The designated officials shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
The designated official may request, and shall receive so far as is required in the discharge of his/her duties, the assistance and cooperation of other officials of this jurisdiction including but not limited to the Scott County Board of Health, Scott County Sheriff's Department and the Davenport police and fire departments.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
The designated officials are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
B. 
All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the designated official in accordance with and in the manner provided by this code, the housing code, and the building code as adopted by the City.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
When it is necessary to make an inspection to enforce the provisions of this code, or when the designated official or their representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the designated official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If entry is refused, the designated official shall have recourse to the remedies provided by law to secure entry.
[12-4-2019 by Ord. No. 2019-530; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
All buildings or portions thereof which are determined, after inspection by the authorized official, to be dangerous, as defined in this code, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this code.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.
[Ord. 2015-118 § 19; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Appeals of notices, orders, decisions and determinations made by an authorized official relative to the application and interpretation of this code shall be requested, scheduled and heard pursuant to the provisions in Chapter 2.86 by the administrative hearing officer. In ruling on appealed notices, orders, decisions and determinations the administrative hearing officer does not have the authority to waive requirements of this chapter.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Demolition. The designated official may order an emergency demolition of a structure or any part thereof when circumstances exist such that the threat to life or health is so imminent and substantial that to order repair would not be prudent. No prior notice to the owner of the demolition is necessary, but notice of the cost of the action shall be given prior to the costs being charged to the owner as provided in this code.
B. 
Repair. The designated official may order the emergency repair of a structure or any part thereof in all circumstances — except those described in subsection A — where an immediate threat to life or health exists. No prior notice to the owner of the repair is necessary, but notice of the cost of the action shall be given prior to the costs being charged to the owner as provided in this code.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condition or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:
A. 
Whenever any portion thereof had been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
B. 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
C. 
Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
D. 
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
E. 
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
F. 
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated, or is vacant and is open to unauthorized entry as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
G. 
Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
H. 
Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or is in such a condition that is likely to cause sickness or disease.
I. 
Whenever any building or structure, because of dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined to be a hazard.
J. 
Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
K. 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
L. 
Whenever any building or structure regulated by the administrative code, the Davenport housing code, or the technical codes constitutes a hazard to safety, health or public welfare by reason of fatigue, dilapidation, inadequate maintenance, fire damage, disaster, faulty construction or abandonment.
M. 
Whenever any building service equipment regulated by such codes, constitutes a fire, electrical or health hazard, or unsanitary condition, or is otherwise dangerous to human life.
N. 
Whenever any parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the technical codes are designated as unsafe building appendages.
[Ord. 2018-442; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Commencement of Proceedings. When the designated official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the designated official shall commence proceedings to cause the repair, vacation or demolition of the building.
B. 
Notice and Order. The designated official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. 
The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. 
A statement that the designated official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 8.17.120.
3. 
A statement of the action required to be taken as determined by the designated official.
a. 
If the designated official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the designated official shall determine is reasonable (not to exceed 120 days from the date of the order).
b. 
If the designated official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the designated official to be reasonable (not to exceed 30 days from the date of the order).
c. 
If the designated official has determined that the building or structure must be demolished, the order shall require: i) the building be vacated within such time as the designated official shall determine is reasonable (not to exceed 30 days from the date of the order); ii) all required permits be secured therefor within 30 days from the date of the order; and iii) the demolition be completed within such time as the designated official shall determine is reasonable (not to exceed 60 days from the date of the order).
4. 
Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the designated official: i) will order the building vacated and posted to prevent further occupancy until the work is completed; and ii) may proceed to cause the work to be done and charge the costs thereof against the property and/or its owner.
5. 
Statements advising: i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the designated official pursuant to chapter 2.86; and ii) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Who Served. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property. The failure of the housing official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section.
B. 
Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears in the records of the county auditor. If no address of any such person so appears or is known to the designated official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
C. 
Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the designated official.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
The following standards shall be followed by the designated official (and by the board of appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
A. 
Any building declared a dangerous building under this code shall be made to comply with one of the following:
1. 
The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or
2. 
The building shall be demolished at the option of the building owner.
B. 
If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Posting. Every notice to vacate shall, in addition to being served as provided in Section 8.17.140, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to deface this notice.
___________________________________ Housing Official
City of Davenport
B. 
Compliance. Whenever such notice is posted, the designated official shall include a notification thereof in the notice and order issued under Section 8.17.130B, specifying the conditions which cause it to be a dangerous building. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the building code.
The designated official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.
[1]
Former Section 8.17.170, Appeal, containing portions of Ordinance Nos. 97-246 and 2002-31, was deleted in its entirety by Ordinance No. 2015-118.
[Ord. 2018-442; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Failure of any person to file an appeal under chapter 2.86 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Except for vacation orders made pursuant to Section 8.17.160, enforcement of any notice and order of the designated official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
[Ord. 2015-118 § 21; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
General. After any order of the code enforcement officer or administrative hearing officer shall have become final, no person to whom such order is directed shall fail, neglect or refuse to obey said order. Any person who fails to comply with said order is guilty of a simple misdemeanor.
B. 
Failure to Obey Order. If, after an order has become final the person to whom such order is directed fails, neglects or refuses to obey said order, the code enforcement officer may cause said person to be prosecuted under the preceding paragraph or institute any appropriate action to abate such building as a public nuisance, or both.
C. 
Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:
1. 
The designated official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto, if not already so posted, a notice reading:
DANGEROUS BUILDING DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
___________________________________ Housing Official
City of Davenport
2. 
No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the designated official have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.
3. 
The designated official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned and then sold to recover the cost. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building or lot, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the designated official may grant an extension of time, not to exceed an additional 180 days, within which to complete said repair, rehabilitation or demolition, if the designated official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The designated official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order. Any extension of time granted shall be agreed to in writing.
[Ord. 2018-442; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
General. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction whenever such officer, employee, contractor or authorized representative of this jurisdiction, is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
B. 
Violations-Penalties. Any person or entity who violates any of the provisions of this chapter shall be guilty of a municipal infraction; and shall be fined $100 for a first offense, $200 for a second offense and $500 for every offense thereafter for the same violation. Each day that a violation continues is a separate offense. A violation of section 8.17.210 may be pursued as a simple misdemeanor violation subjecting the offender to arrest and a fine of $200.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Procedure. When any work of repair or demolition is to be done pursuant to this code, the designated official shall cause the work to be accomplished by City personnel or by private contract under the direction of the designated official. Plans and specifications therefore may be prepared by the designated official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary.
B. 
Work Performed. Such work shall be carried on under the direction and supervision of the designated official who is authorized on behalf of the City to call for bids for the performance of any repair or demolition necessary to abate said nuisance and to enter into a contract therefor with a responsible bidder making the best bid as determined by the designated official.
C. 
Costs. The costs of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved or if ordered by a judge may be made a personal obligation of the property owner.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
The City Council may establish a special fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the designated official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous building.
[Ord. 2015-118 § 21; Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
A. 
Account of Expense, Filing of Report. The designated official shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of this code. Upon the completion of the work of repair or demolition, said designated official shall prepare and keep on file a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to this code.
B. 
Appeal. Any person personally interested in or affected by the proposed charge may file a request for a hearing pursuant to the provisions of Section 2.86.020 of the City code and if such request is filed a hearing shall be scheduled and held pursuant to Chapter 2.86 of the City code. If a request is not timely filed the expense incurred by the City shall be conclusively deemed to be fair and reasonable and all personally interested or affect persons shall be deemed to have waived all rights to challenge the amount recoverable.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
Any portion of the costs of repair or demolition remaining unpaid 60 days after billing or after the decision of the City Clerk if an appeal was filed may be assessed against the property in the manner provided by law.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
In addition to the other remedies available, the City shall have a cause of action against the property owner to recover the costs of any repair or demolition performed pursuant to this code.
[Ord. 2002-31 § 33 (part); Ord. 97-246 (part)]
All money recovered for work performed under this code shall be paid to the City Treasurer.