(a)
Responsible Party.
The owner, occupant, or person in custody of the building or structure.
(b)
Unsafe Building.
Any building or structure in or about which any or all of the following conditions exist:
(1)
Walls or other vertical structural members list, lean, or buckle;
(2)
Damage or deterioration exists to the extent that the building is unsafe;
(3)
Loads on floors or roofs are improperly distributed or the floors or roofs are insufficient strength to be reasonably safe for the purposes used;
(4)
Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city;
(5)
The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary, or otherwise lacking in the amenities essential to the decent living that the same is unfit for human habitation or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety, or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;
(6)
Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
(7)
Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;
(8)
Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;
(9)
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;
(10)
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(11)
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;
(12)
Whenever any portion thereof has 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;
(13)
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;
(14)
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 so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;
(15)
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(16)
Whenever the building or structure, or any portion thereof, because of:
(17)
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(18)
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 or gravity does not fall inside the middle one-third of the base;
(19)
Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
(20)
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become as dilapidated or deteriorated as to become:
(21)
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 Uniform and International Building Code, as adopted by the city, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings;
(22)
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (A) strength; (B) fire-resisting qualities or characteristics; or (C) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
(23)
Whether 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 in such condition that is likely to cause sickness or disease;
(24)
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration: damage, inadequate exits; lack of sufficient fire restrictive construction, faulty wiring, has connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
(25)
Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in the equity jurisprudence;
(26)
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.
(c)
A condition exists in violation of the standards set forth in subsection (b) which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare of the people of the city.
(d)
The minimum standards prescribed in the building code adopted by the city and as prescribed by this article apply to use and occupancy of all buildings in the city regardless of the date of their construction. A responsible party may continue to use and occupy any building located within the city; regardless of the date said building was constructed if such building meets the applicable minimum standards for buildings as prescribed in the adopted building code of the city and is not in violation of this article.
(Ordinance 521 adopted 4/13/06)