(A) Conditions.
(1) Buildings, structures, property or existing building service equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy, or inadequate maintenance, or are deemed a public nuisance, shall be deemed an unsafe condition. A vacant or abandoned structure that is not secured against entry shall be deemed an unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition or removal, or made safe, as the Building and Safety Manager deems necessary and as provided in this chapter.
(2) For the purpose of this chapter, a building, structure, property or building service equipment having any or all of the conditions or defects hereinafter described shall be deemed to be an “unsafe building” and/or an “unsafe property”, provided such conditions or defects exist to the extent the life, health, property, or safety of the public or its occupants are endangered:
(a) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, is blocked partially or completely, or is arranged so as to not provide safe and adequate means of exit in case of fire or panic. Where an egress door or gate does not operate correctly, requires excessive force to open or has defective hardware it is an unsafe condition.
(b) Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, creates a tripping hazard, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than 1-1/2 times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose, or location. Evidence of excess deflection, 1.5 times that allowed in the Building Code, or evidence of dislocation greater than 1/4-inch require evaluation by a structural engineer hired by the owner. The structural engineer’s report shall be submitted to the Building and Safety Manager and shall establish that the condition is safe, or provide specific directions for correction to meet the minimum requirements of the Building Code.
(d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of Building Code, as appropriate, for new buildings of similar structure, purpose, or location.
(e) 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 properties.
(f) 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 1/2 of that specified in the Building Code, as appropriate, for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Building Code, as appropriate, for such buildings.
(g) 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.
(h) Whenever the building or structure, or any portion thereof, because of:
1. Dilapidation, deterioration, or decay;
2. Faulty construction;
3. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause, is likely to partially or completely collapse.
(i) Whenever, for any reason, the building, structure or building service equipment, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(j) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passed through the center of gravity does not fall inside the middle 1/3 of the base.
(k) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls, or coverings.
(l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to be:
1. An attractive nuisance to children;
2. Refuge for trespassers, illicit drug users, or others engaged in illegal activity; or
3. A blighting influence on a neighborhood or area.
(m) Whenever any building, structure, property or building service equipment has been constructed, exists, is modified, or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code.
(n) Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the:
1. Strength,
2. Fire-resisting qualities or characteristics, or
3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of the like area, height, and occupancy in the same location.
(o) Whenever a building, structure or property, 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 Building and Safety Manager to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
(p) Whenever any building, structure, property or building service equipment, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connection or heating apparatus, illegal modification, or other cause, is determined by the Building and Safety Manager or Fire Marshal to be a fire hazard.
(q) Whenever any building, structure or property, is in such a condition as to constitute a public nuisance.
(r) 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 180 calendar days so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(B) Notice. If an unsafe condition, as described herein, is found, the Building and Safety Manager shall serve on the owner, agent, and person in control or possession of the structure, a written notice describing the condition deemed unsafe and specifying the required repairs or improvements to be made to abate the unsafe condition, or requiring the unsafe structure to be demolished within a time specified by the Building and Safety Manager. Such notice shall require the person thus notified to declare as soon as possible but not later than 7 city business days to the Building and Safety Manager the acceptance or rejection of the terms of the order.
(C) Method of service.
(1) Such notice shall be deemed properly served if a copy thereof is:
(a) Delivered to the owner or agent personally; or
(b) Sent by certified or registered mail addressed to the owner at the last known address as identified in county tax records, with return receipt requested; or
(c) Served in any manner permitted by state statute or by the Arizona Rules of Civil Procedure for service of process.
(2) Service shall first be attempted through personal service. If the city is unable to personally serve the notice, other methods of service may be utilized and the notice shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(D) Procedures. The Building and Safety Manager shall establish the necessary procedures to be utilized in the enforcement of this section. Such procedures shall be consistent with the requirements of this section and, if necessary, shall be enacted by resolution of the Apache Junction City Council.
(E) Hazard marking system. The Building and Safety Manager, with the approval of the Fire Chief, is authorized to establish a hazard identification marking system to provide firefighters responding to a fire or other emergency with a visual identification marking that the property is vacant, abandoned, or contains hazards to firefighters.
(F) Restoration. The building, structure, property or building service equipment determined to be unsafe shall be permitted to be restored to a safe condition. To the extent repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of this chapter and the Technical Codes, or the building or structure shall be demolished and the site cleaned.
(G) Emergency repairs. In the event the property owner fails to take needed corrective action in the manner and time as acceptable to the Building and Safety Manager, the Building and Safety Manager is authorized to employ the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of the emergency work shall be paid by the City of Apache Junction and the city may file an action to recover all fees and costs related to the emergency repairs.
(H) Demolition.
(1) The Building and Safety Manager shall order the owner of any premises upon which is located any structure that in the Building and Safety Manager’s judgment is so dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than 730 calendar days, to demolish and remove such structure.
(2) If the owner of a premises fails to comply with a demolition order within the time prescribed, the Building and Safety Manager shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(I) Record. The Building and Safety Manager shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(J) Appeal of notice to abate, notice to secure, and notice of intent to demolish. An appeal of a notice to abate, notice to secure and notice of intent to demolish shall be filed in writing with the Development Services Department Director or his or her designee within 20 calendar days after the notice was served. An appellate hearing shall be scheduled by the Building and Safety Manager or his or her designee before the Development Services Director no later than 60 calendar days after the notice of appeal has been filed and such hearing must have been held and be concluded within the same time period.
(K) Grounds for appeal.
(1) The following are appropriate grounds for an appeal:
(a) The claim that the property or building subject to the notice is not in violation under the code.
(b) A claim that the true intent of the code has been incorrectly interpreted.
(c) A claim that the statement for costs for correcting or abating the violation is excessive.
(2) The Director may affirm, reverse or modify the notice. The Director shall conduct the hearing as a quasi-judicial hearing. There shall be no fee for filing an appeal with the Director.
(3) The filing of the notice of appeal shall act as an automatic stay of enforcement of any compliance deadlines until the Director makes its final determination. Upon making its final determination and after it has been served on the appellant, the stay terminates and the violator has the balance of the time left set forth in the notice. Failure to comply within this time period may result in the issuance of a civil or criminal citation or the filing of a complaint and abatement procedures subjecting the property owner and/or responsible party to liens and possible foreclosure.
(4) Failure of a person to file an appeal shall constitute a waiver of the right to a hearing of the appeal before the Director and such person shall be estopped to deny the validity of any order or action of the city which could have been timely appealed.
(5) Once the Director has rendered its decision, a party may apply to the Superior Court within 30 calendar days for further appellate relief in accordance with the Arizona Rules of Procedure for Special Actions. The filing of a special action will not stay enforcement of any notice unless ordered by a court of competent jurisdiction.
(Ord. 1478, passed 6-19-2019; Am. Ord. 1485, passed 3-3-2020)