(a) 
The purpose of this article is to protect the health, safety and welfare of the citizens of the city by establishing standards for the identification, abatement and/or removal of substandard buildings or structures.
(b) 
This article is hereby declared to be remedial and shall be constructed to secure the beneficial interests and purposes thereof–which are public safety, health and general welfare–through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.
(Ordinance O-24-019 adopted 8/15/2024)
The provisions of this article shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
There is hereby created a building and standards commission to hear and determine cases concerning alleged violations of this article. The commission shall consist of a panel composed of five (5) members, with terms of office of two (2) years. The panel shall include a plumber and electrician licensed by the state as well as a general contractor by trade. All members shall reside in the city, unless a licensed tradesman required above cannot be recruited to serve, then such person may reside within the county. Each member shall hold office for a period of two (2) years, or until a successor is appointed, unless a vacancy is created in the member's office by resignation, removal, or death. As near as practical, they shall be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, health or public safety.
(b) 
In addition to said five (5) members, the fire marshal, building official and health inspector of the city shall be ex officio, nonvoting members of said building and standards commission. Any city employee in the respective department or division of the city, who shall be designated by the city manager, shall be authorized to act as substitute for the respective superior of their respective department or division as ex officio member of said commission. It shall be the duty of the ex officio members of such commission to assist the building official in inspecting all buildings or structures reported to be or believed to be substandard buildings and to present a report of such inspection to the building and standards commission.
(c) 
Three (3) members of the building and standards commission shall constitute a quorum. In varying the application of any provision of this article or in modifying an order of the building official, affirmative votes of not less than three (3) members shall be required. A commission member shall not act in a case in which he has a conflict of interest as defined by applicable law.
(d) 
A vacancy on the building and standards commission shall be filled for the unexpired term.
(e) 
The city council may appoint two (2) alternate members of the commission who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager. Alternate members serve for the same period and are subject to removal in the same manner as regular members. A vacancy is filled in the same manner as a vacancy among the regular members.
(f) 
The building and standards commission may establish rules and regulations for its own procedures not inconsistent with the provisions of this article. Each year, the building and standards commission shall appoint a chairperson from among its members to preside over meetings of the commission. The commission shall also appoint a vice chairperson to perform the functions and duties in the event the chairperson is unable or refuses to perform the functions and duties of the office. The commission shall meet as needed and upon request by a board member.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the building code of the city; provided, that the alteration, repair or rehabilitation work conforms to the requirements of the building code for new construction. The building official shall determine, subject to appeal to the building and standards commission, the extent, if any, to which the existing building shall be made to conform to the requirements of the building code of the city for new construction.
(b) 
Alterations, repairs or rehabilitation work shall not cause an existing building to become a substandard building as defined in section 6-121 of this article.
(c) 
If the occupancy classification of an existing building is changed, the building shall be made to conform to the requirements of the building code of the city for the new occupancy classification as established by the building official.
(d) 
Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this article or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than twenty-five (25) percent of the roof covering a building shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of the building code of the city for new buildings.
(Ordinance O-24-019 adopted 8/15/2024)
The provisions of this article relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings or structures when such provisions conflict with a provision of the city's historic preservation ordinance and the subject buildings or structures are judged by the building official to be safe. Any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such buildings or structures shall comply with the provisions of the city's historic preservation ordinance.
(Ordinance O-24-019 adopted 8/15/2024)
All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the building code of the city in a building when erected, altered or repaired shall be maintained in good working order. The owner shall be responsible for the maintenance of buildings and structures.
(Ordinance O-24-019 adopted 8/15/2024)
The building official shall keep, or cause to be kept, a record of the business of the city related to the enforcement of this article. Such records shall be open to public inspection.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
The building official or his authorized representative may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this article. When entering a building, structure or premises that is occupied, the building official shall first identify himself, present proper credentials and request entry. If the building, structure or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and demand entry. If entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
(b) 
The building official, the fire marshal and other authorized representatives are hereby authorized to make such inspections and to take such actions as may be required to enforce the provisions of this article.
(c) 
Any requirement necessary for the strength or stability of an existing or proposed building or structure or for the safety or health of the occupants thereof, not specifically covered by this article shall be determined by the building official.
(d) 
The building official shall be an ex officio member of the building and standards commission, act as secretary and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member and any failure of a member to vote.
(Ordinance O-24-019 adopted 8/15/2024)
Any officer or employee of the city, or member of the building and standards commission, charged with the enforcement of this article, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability 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.
(Ordinance O-24-019 adopted 8/15/2024)
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article.
(Ordinance O-24-019 adopted 8/15/2024)