The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Building official
means the building official of the city or his authorized
agents, assistants, deputies, or representatives.
Dilapidated structure
means a building or structure which has been neglected of
repairs or maintenance necessary to keeping the building or structure
in compliance with the applicable building and housing codes of the
city, [and] the extent of such neglect being that the cost of necessary
repairs to gain compliance with such codes exceeds the present value
of the building or structure without regard to the value of the land.
Fire chief
means the chief of the fire department of the city or his
authorized agents, assistants, deputies, or representatives.
Nuisance
means a nuisance in fact and, if left unabated, endangers
the possession or use of adjoining property or creates an unreasonable
danger to the public health and safety.
(Ordinance 14-0401 adopted 4/1/14)
It is the purpose of this article to provide a just, equitable,
and practicable method, to be cumulative with and in addition to any
other remedy available at law, whereby buildings or structures which
are dilapidated, unsafe, dangerous, unsanitary, or are a menace to
the life, limb, health, property, safety, and general welfare of the
people of the city, or which constitute a fire hazard, may be required
to be repaired, vacated, or demolished.
(Ordinance 14-0401 adopted 4/1/14)
(a) In
the event of an emergency which, in the opinion of the building official,
creates imminent danger to human life or health, the building official
may declare a building or structure, which is structurally unsafe,
a fire hazard or otherwise dangerous, to be a hazard to the public
health and safety.
(b) The
building official shall promptly cause such building, structure, or
portion thereof to be made safe or removed. For this purpose, the
building official may at once enter such structure or land on which
it stands, or abutting land or structures, with such assistance and
at such cost as he may deem necessary. He may vacate adjacent structures
and protect the public by appropriate fence or such other means as
may be necessary, and for this purpose may close a public or private
way. Such costs incurred shall be charged to the owner of the premises
involved and shall be collected in the manner provided by law.
(Ordinance 14-0401 adopted 4/1/14)
For the purpose of this article, any building or structure that
has one (1) or more of the following conditions or defects is a dangerous
building:
(1) Whenever
any door, aisle, passageway, stairway, or other means of exit is not
of sufficient width or size, or is not so arranged, as to provide
safe and adequate means of exit, in case of fire or panic, for all
persons housed or assembled therein who would be required to, or might,
use such door, aisle, passageway, stairway, or other means of exit.
(2) Whenever
the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (1-1/2) times the
working stress or stresses allowed in the building code.
(3) Whenever
any portion thereof has been damaged by earthquake, wind, flood, or
by any other cause in such a manner that the structural strength or
stability thereof is appreciably less than it was before such catastrophe
and is less than the minimum requirements of the building code for
a building of similar structure, purpose, or location.
(4) Whenever
any portion or member or appurtenance thereof is likely to fall or
to become detached or dislodged or to collapse and thereby injure
persons or damage property.
(5) Whenever
any portion of a building or any member, appurtenance, or ornamentation
on the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached, or fastened in place, as to be capable
of resisting a wind pressure of one-half (1/2) that specified in working
stresses permitted in the building code.
(6) Whenever
any portion thereof has settled to such an extent that the walls or
other structural portions have materially less resistance to winds
or earthquakes than is required in the case of new construction.
(7) Whenever
the building or structure or any portion, thereof, because of dilapidation,
deterioration, decay, 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 some other cause,
is likely to partially or completely collapse, or some portion of
the foundation or underpinning is likely to fall or give way.
(8) Whenever
for any reason whatsoever the building or structure or any portion
thereof is manifestly unsafe for the purpose for which it is used.
(9) 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 third of the base.
(10) Whenever the building or structure, exclusive of the foundation,
shows thirty-three (33) percent or more of damage or deterioration
to the [supporting] member or members, or fifty (50) percent of damage
or deterioration of a non-supporting, enclosing or outside wall or
covering.
(11) Whenever the building or structure has been damaged by fire, wind,
earthquake, 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 to enable persons to resort thereto for the
purpose of committing a nuisance or unlawful or immoral act.
(12) Any building or structure which has been constructed or which now
exists or is maintained in violation of any specific requirement or
prohibition applicable to such building or structure of the building
code or of any provisions of the fire prevention ordinances, when
so determined and reported by the fire marshal, or of any law or ordinance
of this state or city relating to the condition, location, or structure
of buildings.
(13) Any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than fifty (50) percent or in any supporting
member less than sixty-six (66) percent of the strength, fire-resisting
qualities or characteristics required by law or ordinance in the case
of a newly constructed building of like area, height, and occupancy
in the same location.
(14) 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 within.
(15) Whenever a building or structure, used or intended to be used for
dwelling purposes, has light, air, and sanitation facilities inadequate
to protect the health, safety, or general welfare of persons living
within.
(16) Whenever any building or structure, by reason of obsolescence, dilapidated
conditions, deterioration, damage, electric wiring, gas connections,
heating apparatus, or other cause, is in such condition as to be a
fire hazard and is so situated as to endanger life or provide a ready
fuel supply to augment the spread and intensity of fire arising from
any cause.
(Ordinance 14-0401 adopted 4/1/14)
(a) Generally.
Upon his own finding that a building or structure
is a fire hazard or is unsafe or is dilapidated or is dangerous or
is a hazard to public safety or health, or upon the complaint to the
building official by any person that a building or structure is a
fire hazard or is unsafe or is dilapidated or is dangerous or is a
hazard to the public safety or health, the building official shall
prepare a notice in writing stating in detail the conditions which
render the building or structure, or portion thereof, to be unsafe,
dangerous, or a hazard and ordering the repair, vacation and repair,
and demolition thereof within sixty (60) days from the date of the
personal service or mailing of notice. The chief building official
may, when it is determined that additional time will be necessary
to complete the work ordered, extend such time for an additional thirty-day
period upon the application of the owner or person charged with the
duty of complying with such order.
(b) Identification of property.
The notice provided for
above shall set forth the street address and a description legally
sufficient for identification of the building or structure and the
premises upon which the building or structure is located.
(c) Upon whom to be served.
The building official shall
cause copies of the notice provided for herein to be served upon each
of the following: the person, if any, in real or apparent charge and
control of the premises involved; the owner of record title; the holder
of any mortgage, trust deed, or other lien or encumbrance of record;
the owner or holder of any lease of record; the record holder of any
other estate or interest in or to the building or structure or the
land upon which it is located.
(d) Manner of service; failure to receive.
The notice provided
for herein may be served personally upon any person entitled thereto
if he can be found within the city limits. Service may be made by
depositing a copy of such notice in the United States post office,
properly enclosed in a sealed envelope and with the postage thereon
fully prepaid. Such mail shall be registered or certified, return
receipt requested, and addressed to the person entitled thereto at
the address of such person as it appears on the last tax assessment
roll of the city. If no such address so appears or is unknown to the
fire chief or the building official, a copy of the notice shall be
addressed to such person at the address of the building or structure
involved. Service by registered or certified mail shall be complete
on the day of mailing. The failure of any owner or other person to
receive such notice shall not affect in any manner the validity of
any proceedings taken under this article.
(e) Posting of copy.
One (1) copy of the notice provided
for herein shall be conspicuously posted on the building or structure
involved.
(f) Affidavits as to service and posting; receipt card.
Upon giving notice as provided herein, the building inspector shall
file with the city clerk an affidavit thereof certifying to the time
and manner in which such notice was given and posted. He shall also
file therewith any receipt card that may have been returned to him
in acknowledgement of the receipt of such notice by registered or
certified mail.
(Ordinance 14-0401 adopted 4/1/14)
(a) General procedure.
Any person aggrieved by any order of the building official to repair, vacate and repair, or demolish any building or structure or portion thereof may appeal such order to the city council. The appeal shall be in writing and shall state the substance of the order appealed, and shall be submitted to the chief building official within ten (10) days from the date of personal serving or mailing of the notice or order to repair, vacate and repair, or demolish, which is being appealed. The chief building official shall set the matter for hearing before the city council. Notice of the date, hour, and place of the hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the persons specified in section
4.03.005 (notice and order to repair, vacate, or demolish). The notice shall order all interested parties who desire to be heard to appear and show cause, if any they have, why the building or structure or portion thereof involved in the proceedings should not be repaired, vacated and repaired, or demolished.
(b) Hearing.
At the time stated in the notice, the city
council shall hold a hearing and hear and consider any relevant evidence
offered by the fire chief or building official, or both, as well as
the owner, occupant, or person in charge and control, mortgagee, or
beneficiary under any deed of trust, lessee or any other person having
any estate or interest in the building or structure, pertaining to
the matters set forth in the notice to repair, vacate, and repair,
or demolish.
(c) Findings of fact and decision.
Within ten (10) days
after the conclusion of the hearing, the city council shall make written
findings of fact as to whether or not the building or structure or
portion thereof is unsafe, dilapidated, or a hazard and shall render
its decision. If it finds that the building or structure or portion
thereof is unsafe or a hazard, it may order that the building or structure
be repaired or vacated and repaired. In the event that the council
finds the building or structure shall be dilapidated, and cannot reasonably
be repaired, and constitutes a nuisance, the council may order the
building or structure demolished setting forth orders as to the manner
and time in which demolition is to be accomplished. All decisions
and findings of the council shall be made in writing to the building
official, with a duplicate copy of such decisions and findings being
sent to the appellant.
(d) Contents of order of council.
The order of the council
shall:
(1) Set forth the information required above.
(2) Contain a statement of the particulars that render the building or
structure unsafe, a hazard, or dilapidated.
(3) Contain a statement of the repairs required.
(4) Specify the time within which work required must be commenced, which
shall not be less than ten (10) days after the issuance of the order.
(5) Specify a reasonable time within which the work shall be completed.
(e) Posting and service.
The building official shall cause
copies of the order rendered under this section to be posted on the
building or structure involved and served in the manner and upon the
persons specified above.
(Ordinance 14-0401 adopted 4/1/14)
(a) The
owner or other person having charge and control over any building
or structure determined by the building official or, upon appeal,
by the city council to be unsafe and a public nuisance, who shall
fail to comply with any order to repair, vacate and repair, or demolish
such building or structure or any portion thereof, shall by guilty
of a class C misdemeanor.
(b) The
occupant or lessee in possession, who fails to comply with any order
to vacate any building or structure or any portion thereof in accordance
with any order given as provided for in this article, shall be guilty
of a class C misdemeanor.
(c) Whenever in this article an act is prohibited or declared to be unlawful, the violation of any such provision of this article shall be punished by a fine in accordance with the general penalty provided in section
1.01.009 of this code. Each day any violation of this article shall continue shall constitute a separate offense.
(Ordinance 14-0401 adopted 4/1/14; Ordinance adopting Code)
(a) Authority to vacate or demolish.
Whenever an order to
repair, vacate and repair, or demolish any building or structure or
any portion thereof has not been obeyed within the time set by the
chief building official or upon appeal, by the city council the chief
building official or the city council shall have the power, in addition
to any other remedy herein provided, to:
(1) Cause the building or structure ordered to be repaired or to be vacated
[sic] until such time as the necessary repairs have been made. No
person shall thereafter occupy or permit to be occupied any such building
until and unless the necessary repairs have been made and the building
official has approved same and issued a permit to reoccupy such building
or structure.
(2) Request the building or structure be demolished and the land restored
to a reasonably clear and level condition, including the filling of
any excavation to the finished grade of the surrounding area. The
demolition of any building or structure, and the sale of the materials
thereof, may be by contract awarded, following advertisement for bids,
to the best bidder; or when time is of the essence, the demolition
may be accomplished with force account labor or any other reasonable
means at the discretion of the city council. Any such building or
structure, singly or otherwise, may be sold. Any proceeds from the
sale of any building or structure, or group or buildings or structures,
over and above the cost of demolition and of cleaning the site shall
be retained to be distributed to the parties or persons lawfully entitled
thereto.
(b) Report of demolition.
Upon completion of the demolition
of any building or structure or any portion thereof under this section,
the director of the demolition shall cause to be prepared and filed
with the city council a report specifying:
(2) The cost of the work and incidental direct expenses;
(3) A description of the real property upon which the building or structure
was located;
(4) The names and addresses of the persons entitled to notice pursuant to [section
4.03.005] above;
(5) Administrative cost in complying with and accomplishing the purposes
and procedures of this article; and
(6) The total assessment against the lot and legal owner(s) proposed
to be levied to pay the cost thereof.
(c) Hearing on report and assessment of costs.
Upon filing of the report of demolition as provided in subsection
(b) above, the city council shall, by resolution, fix the day, hour, and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any other interested persons. At least ten (10) days before the date set for the hearing, the director of the demolition shall cause copies of the report and notice of the filing of the report and of the day, hour, and place when the city council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner upon the persons specified above. A copy of the notice shall be published once, at least ten (10) days prior to the date set for the hearing, in the official newspaper of the city. The council may make such revisions, corrections, or modifications in the report as it may deem just, and the report, as submitted or as revised, corrected, and modified, together with the assessment, shall be confirmed by ordinance. The decision of the city council on the report and the assessment and all protests or objections shall be final and conclusive.
(d) Contest of assessment.
The validity of any assessment
levied under the provisions of this section shall not be contested
in any action or proceeding unless the same is commenced within thirty
(30) days after the assessment is confirmed.
(e) Assessment as lien on property.
The amount of the cost
of abating such nuisance upon the various lots or parcels of land,
including incidental expenses, as confirmed by the city council, shall
constitute special assessments against the respective lots or parcels
of land, and as thus made and confirmed, shall constitute a lien on
such property for the amount of such assessments, respectively, until
paid. Such lien shall, for all purposes, take priority over all other
liens. The city clerk shall cause a certified copy of such special
assessment lien to be filed with the county clerk in the deed records
of the county. Such special assessment liens shall bear interest at
the prevailing judgment interest rate from the date of filing of the
same with the county clerk, and such lien shall be collected in the
same manner as other assessment liens are collected under the laws
of the state.
(Ordinance 14-0401 adopted 4/1/14)
It shall be unlawful for any person to remove any notice or
order posted as required in this article.
(Ordinance 14-0401 adopted 4/1/14)
(a) It
shall be unlawful for any person to obstruct, impede, or interfere
with any officer, agent, or employee of the city or with any person
who owns or holds any estate or interest in any building or structure
or any portion thereof which has been ordered to be repaired, or demolished,
or with any person to whom such building or structure has been lawfully
sold pursuant to the provisions of this article, whenever any such
officer, agent, employee, purchaser or person having an interest or
estate in such building or structure in engaged in repairing, vacating
and repairing, or demolishing any such building or structure pursuant
to the provisions of this article, or in performing any necessary
act preliminary to or incidental to such work, or authorized or directed
pursuant thereto.
(b) The
provisions of this article shall not be deemed to repeal by implication
any provisions of the fire department [fire prevention] code, the
building code, or any other ordinance of the city, and the adoption
hereof shall not be deemed to affect or diminish the power or authority
of any officer or employee of the city to condemn any building or
structure erected or maintained in violation of any provision of the
fire prevention ordinances, the building code or any other ordinance
of the city.
(Ordinance 14-0401 adopted 4/1/14)