It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the City which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, or occupancy,
or use, are inimical to the welfare of the residents of the City and
that a public necessity exists for the repair, closing or demolition
of such building or buildings, or parts thereof.
[Amended 6-14-2021 by Ord. No. O-20-21]
The provisions of the 2018 International Property
Maintenance Code, as amended, are hereby accepted, adopted and established
as a standard to be used as a guide in determining whether dwellings
in this municipality are safe, sanitary and fit for human habitation
and rental, subject to the amendments and modifications hereinafter
set forth. A copy of said code is annexed to this chapter, and copies
of the same are on file in the office of the City Clerk and are available
to all persons desiring to use and examine the same.
Whenever the City finds that there exists within its boundaries
any building or buildings, or parts thereof which are unfit for human
habitation or occupancy, or use, due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitation facilities, or due to other conditions rendering
such building or buildings, or parts thereof, unsafe or unsanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the City, the City shall exercise
its police powers to repair, close or demolish, or cause or require
the repairing, closing or demolition of such building or buildings,
or parts thereof, in the manner herein provided.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or material of any kind.
DWELLING
A building, or entirely self-contained portion thereof, containing
its own sleeping, sanitary and cooking facilities, occupied or intended
to be occupied for residential purposes by one family.
OWNER
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner as lessee, executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a foreclosing mortgagee or mortgagee in possession,
regardless of how that possession was obtained. Any person who is
a lessee subletting or assigning any part of any property or property
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
STRUCTURE
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, which includes but is not limited to buildings,
stadiums, platforms, towers, sheds, trailers, storage bins, fences,
swimming pools and signs.
Any building or buildings, or parts thereof, located within
the boundaries of the City, which have been damaged to such an extent
that nothing remains but the walls, or parts of the wall and other
supports, shall, regardless of the safety and sturdiness of those
remaining walls or parts thereof, be deemed inimical to the welfare
of the residents of this City, and the City may exercise its police
powers to repair, demolish, or cause the repairing or demolishing
of the building or buildings, or parts thereof, pursuant to this chapter
and the procedures set forth within.