For the purposes of this article, the following definition shall
apply:
The building inspector of the town or his authorized agents,
assistants, deputies or representatives.
(Ordinance 61, sec. 1, adopted 3/10/99)
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 a menace to the
life, limb, health, morals, property, safety and general welfare of
the people of the town, which tend to constitute a fire hazard, may
be required to be repaired, vacated, or demolished.
(Ordinance 61, sec. 2, adopted 3/10/99)
(a)
All
buildings or structures which are structurally unsafe or are not provided
with adequate egress, or which constitute a fire hazard or are otherwise
dangerous to human life, or which in relation to existing use, constitute
a hazard to safety, health or public welfare, by reason of inadequate
maintenance, neglect, decay, dilapidation, obsolescence, or abandonment
as specified in the building code of the town or any other provision
of law are and shall be repaired, vacated and repaired or demolished
as provided in this article.
(b)
The
decision of the building official shall be final in cases of emergency
which, in his opinion, involve imminent danger to human life or health.
He shall promptly cause such building, structure, or portion thereof
to be made safe or removed. For this purpose he 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 an 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 61, sec. 3, adopted 3/10/99)
For the purpose of the article, any building or structure, which
has any or all of the following conditions or defects, shall be deemed
a dangerous building.
(1)
Whenever
any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size, or it 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 town 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 appreciable less than it was before such catastrophe and is
less than the minimum requirements of the town 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, entrance 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 the town building code without exceeding the working
stressed 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 percent (33%) or more of damage or deterioration
to the member or members, or fifty percent (50%) of damage or deterioration
of nonsupporting enclosing or outside wall or covering.
(11)
Whenever the building or structure has been so damaged by fierce
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 as to enable persons to resort thereto for
the purpose of committing a nuisance or unlawful or immoral acts.
(12)
Any building or structure which now exists or is maintained in violation
of any specific requirement or prohibition applicable to such building
or structure, of the building regulations of this town as set forth
in the building code or 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 town 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 nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting
member less than sixty-six percent (66%) of the strength, fire-resistant
qualities or characteristics required by law or ordinance in the case
of a newly constructed building of like area, height and occupancy
on 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 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 persons
living within.
(15)
Whenever a building or structures 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
condition, deterioration, damage, electric wiring, gas connections,
heating apparatus, or other cause, is in such condition to be a fire
hazard and is so situated as to endanger life or other buildings or
property in the vicinity or provide a ready fuel supply to augment
the spread and intensity of fire arising from any cause.
(Ordinance 61, sec. 4, adopted 3/10/99)
(a)
Generally.
If the fire marshal finds that any building
or structure, or any portion thereof, is a fire hazard, he shall report
the same to the building inspector, if the building inspector finds
that any building or structure, or portion thereof, is unsafe, dangerous
or a hazard, or if the fire marshal has reported to him that any building
or structure or portion thereof, is a fire hazard, he shall prepare
a notice in writing stating, in detail, the conditions which render
the building or structure, or portion thereof, a nuisance, as defined
in this article, and ordering the repair, vacation and repair, or
demolition thereof within sixty (60) days from the date of the personal
service or mailing of the notice. The building inspector 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 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 inspector 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 shall be served personally upon any person entitled thereto
if he can be found within the town limits. If any person entitled
thereto is not found within the town limits, service shall 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 equalized assessment
roll of the county. [If no such address so appears or is unknown to
the fire marshal 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 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 town secretary 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, which may have been returned
to him in acknowledgment of the receipt of such notice by registered
or certified mail.
(Ordinance 61, sec. 5, adopted 3/10/99)
(a)
General procedure.
Any person aggrieved by any order
of the building inspector to repair, vacate, and repair, or demolish
any building or structure, or portion thereof, may appeal such order
to the town council. The appeal shall be in writing and shall state
the substance of the order appealed from, shall be submitted to the
building inspector within twenty (20) days from the date of personal
service or mailing of the notice or order to repair, vacate and repair,
or demolish, which is being appealed. The building inspector shall
set the matter for hearing before the town council. Notice of the
date, hour and place of the hearing shall be posted and served at
least ten (10) days before the town council. 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 town
council shall hold a hearing, and hear and consider any relevant evidence
offered by the fire marshal or the building inspector 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)
Requested information from other departments.
Whenever
in the course of any proceedings taken hereunder the town council
shall have cause to request additional information, the same may be
requested of the fire department. The building or structure or portion
thereof is unsafe and public nuisance, and shall render its decision,
either closing the portion thereof, is unsafe, and a nuisance, ordering
that it be repaired, vacated and repaired, or demolished. All decisions
and findings of the town council shall be made in writing to the building
inspector, with a duplicate copy of such decisions and findings being
sent to the appellant.
(d)
Order when appeal denied.
If, from a full and fair consideration
of the evidence and testimony received at the hearing, the town council
shall determine that the building or structure, or any portion thereof,
is unsafe and a public nuisance, then it shall deny the appeal and
issue and order, certified by the town secretary:
(1)
That the building or structure must be repaired, vacated and repaired,
or demolished;
(2)
That the occupant, lessee, or other person in possession must vacate
the building or structure, or that he may remain in possession while
repairs are being made;
(3)
That any mortgage, beneficiary under a deed of trust, or any other
person having an interest or estate in the building or structure may,
at his own risk, repair, vacate and repair, or demolish it.
(e)
Governing standards.
The following standards where applicable,
shall be followed in substance by the town council in ordering the
repair, vacation, or demolition of any building or structure. Any
order to demolish rendered pursuant to this section shall not indicate
an alternative permission to repair; however, an order to repair may
be satisfied by demolition:
(1)
If the unsafe building can reasonably be repaired so that it will
no longer exist in violation of the terms of this article, it shall
be ordered repaired.
(2)
If the unsafe building is in such condition as to make it dangerous
to the health, morals, safety, or general welfare of its occupants,
it shall be ordered to be vacated and repaired.
(3)
If the unsafe building is fifty percent (50%) damage, or decayed,
or deteriorated, it shall be demolished.
(4)
In all cases where an unsafe building cannot be repaired so that
it will no longer exist in violation of the terms of this article,
it shall be vacated and demolished.
(5)
In cases where an unsafe building is a fire hazard, as specified
by the fire prevention code of the town, existing or erected in violation
of the terms of this article, or any other ordinance of this article,
or any other ordinance of this town, or statute of the state, it shall
be repaired, except where the cost of such repairs would exceed fifty
percent (50%) of the value of such unsafe building, in which case
it shall be demolished.
(f)
Contents.
The order of the town council shall:
(1)
Set forth the information required in section 3.06.005(b).
(2)
Contain a statement of the particulars, which render the building
or structure unsafe and a public nuisance.
(3)
Contain a statement of the things required to be done.
(4)
Specify the time within which the work required must be commenced,
which shall not be less than ten (10) days after the order.
(5)
Specify a reasonable time within which the work shall be completed.
(Ordinance 61, sec. 6, adopted 3/10/99)
(a)
The
owner or other person having charge and control over any building
or structure determined by the building inspector or, upon appeal,
by the town 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 be guilty
of a 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, and upon conviction shall be assessed a fine in accordance with section 1.01.009 of this code.
(Ordinance 61, sec. 7, adopted 3/10/99; 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 complied with within the time
set by the building inspector or the town council, [the town council]
shall have the power, in addition to any other remedy herein provided,
to:
(1)
Cause the building or structure ordered to be repaired to be vacated
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
inspector has approved it and issued a permit to reoccupy such building
or structure.
(2)
Request the mayor to cause the building or structure to 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, shall be by the contract conforming to all
applicable state and federal bidding laws. The mayor may sell any
such building or structure singly or otherwise. Any proceeds from
the sale of any building or structure, or group of buildings or structures,
over and above the cost of demolition, and 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 mayor shall cause to be prepared and filed with the town council
a report specifying:
(1)
The work done;
(2)
The cost of the work and incidental expenses;
(3)
A description of the real property upon which the building or structure
was located;
(5)
The assessment against each lot or parcel or land proposed to be
levied to pay the cost thereof.
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Any such report may include demolition work on any number of
buildings or structures on any number of parcels of property, whether
contiguous to each other or not. The term “incidental expenses”
shall include, but not be limited to, the expenses and costs of the
town in preparation of notice, specifications and contracts, inspection
of the work, and the costs of printing and mailing required hereunder.
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(c)
Hearing on report and assessment of costs.
(1)
Upon filing of the report of the mayor, as provided in subsection (b), the town 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 demolition, and any other interested persons. At least ten (10) days before the date set for the hearing, the mayor shall cause copies of his/her report and notice of the filing of his/her reports and of the day, hour and place when the town council will hear and pass upon the report; and any objections or protest thereto, to be posted and served in the manner and upon the persons specified in section 3.06.005. 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 town.
(2)
Any person interested in and affected by the proposed assessment
may file written protests or objections with the town secretary at
any time prior to the hour set for the hearing on the report of the
mayor. Each such protest or objection must contain a description of
the property in which the signer thereof is interested and grounds,
of such protest or objection. Upon the day and hour fixed for the
hearing, the town council shall hear and pass upon the report of the
mayor, together with any objections or protests which may be raised
by any of the property owners liable to be assessed for the cost of
the demolition and other interested persons. 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, the report and the assessment
and all protests or objections shall be final and conclusive. The
council may adjourn the hearings from time to time.
(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 of lien on property.
(1)
The amount of the cost of abating such nuisance upon lots or parcels
of land, and thus made and confirmed shall constitute a lien on such
property for the amount of such assessment, respectively, until paid.
Such lien shall, for all purposes, take priority, until paid, over
all other liens except tax liens or paving assessment liens.
(2)
Within a reasonable length of time after the special assessment liens
are created by action of the town council under this section, the
town secretary 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 rate
of eight percent (8%) per annum 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 61, sec. 8, adopted 3/10/99)
Any person who removes any notice or order posted as required in this article shall be guilty of a class C misdemeanor with a fine in accordance with section 1.01.009 of this code.
(Ordinance 61, sec. 9, adopted 3/10/99; Ordinance adopting Code)
It shall be unlawful for any person to obstruct, impede or interfere
with any officer, agent or employee of the town 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, vacated
and 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
is 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.
(Ordinance 61, sec. 10, adopted 3/10/99)
No officer, agent or employee of the town shall be personally
liable for damages incurred or alleged to be incurred as a result
of any act required, permitted or authorized in the discharge of his
duties under this article. [Any suit brought against any officer,
agent or employee of the town as a result of any act required, permitted
or authorized in the discharge of his duties under this article] shall
be deemed an action against the town and shall be defended by the
town attorney.
(Ordinance 61, sec. 11, adopted 3/10/99)
The provisions of this article shall not be deemed to repeal
by implication any provisions of the fire department code, the building
code or any other ordinance of the town, [and the] adoption hereof
shall not be deemed to affect or diminish the power or authority of
any officer or employee of the town 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 town.
(Ordinance 61, sec. 12, adopted 3/10/99)
