DANGEROUS BUILDINGS

§ 150.01 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DANGEROUS BUILDING.

      (1)   Structure that, for lack of proper repairs, or because of age and dilapidated condition or of poorly installed electrical wiring or equipment, defective chimney, gas connection, or heating apparatus, or for any other reason, is liable to cause fire, and which is situated or occupied in a manner that endangers other property or human life;

      (2)   A structure containing combustible or explosive materials or inflammable substances liable to cause fire or danger to the safety of the building, premises, or to human life;

      (3)   A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease; and/or

      (4)   A structure in such weak dilapidated or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse.

   PERSON. Every natural person, firm, partnership, association, or corporation.

(Ord. 30.01, passed 1-8-1991)

§ 150.02 NUISANCES DECLARED.

   Every building found by the Council to be a dangerous building is declared to be a public nuisance and may be abated by the procedures specified in this subchapter or by a suit for abatement brought by the city.

(Ord. 30.01, passed 1-8-1991) Penalty, see § 150.99

§ 150.03 INITIAL ACTION.

   When a city official determines that there is a dangerous building, the official shall report it to the council. The Council shall, within a reasonable time, fix a time and place for a public hearing.

(Ord. 30.01, passed 1-8-1991)

§ 150.04 MAILED NOTICE.

   (A)   The City Recorder shall notify the owner of the building and, if not the same person, the owner of the property on which the building is situated. The notice shall state:

      (1)   That a hearing will be held concerning the nuisance character of the property; and

      (2)   The time and place of the hearing.

   (B)   A copy of this notice shall be posted on the property.

(Ord. 30.01, passed 1-8-1991)

§ 150.05 PUBLISHED AND POSTED NOTICES.

   Ten-days notice of the hearing shall be published in a newspaper of general circulation in the city or by posting notices in a clear and visible location on the property and at City Hall.

(Ord. 30.01, passed 1-8-1991)

§ 150.06 HEARING.

   (A)   At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard.

   (B)   Council shall have the building inspected and may consider facts observed in determining if the building is dangerous.

   (C)   If the Council determines that the building is dangerous, the Council may by resolution:

      (1)   Order the building to be abated; or

      (2)   Order the building to be made safe and prescribe what must be done to make it safe.

(Ord. 30.01, passed 1-8-1991)

§ 150.07 COUNCIL ORDERS; NOTICE.

   Five-days’ notice of the Council’s findings and any orders made by the Council shall be given to the owner of the building, the owner’s agent or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (not less than 5 days), the Council may order the building demolished or made safe at the expense of the property on which it is situated.

(Ord. 30.01, passed 1-8-1991)

§ 150.08 ABATEMENT BY THE CITY.

   (A)   If the Council orders are not complied with, the Council may:

      (1)   Specify the work to be done;

      (2)   File a statement with the Recorder; and

      (3)   Advertise for bids for doing the work in the manner provided for advertising for bids for street improvement work.

   (B)   Bids shall be received, opened, and the contract let.

(Ord. 30.01, passed 1-8-1991)