For the purpose of this chapter, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE. The National Building Code, 1967 Edition, promulgated by the International Conference of Building Officials, as adopted by the municipality.
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an UNSAFE BUILDING, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered:
(1) 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;
(2) 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;
(3) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings or similar structure, purpose, or location;
(4) 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;
(5) Whenever any portion of member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(6) 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 work stresses permitted in the Building Code for such buildings;
(7) 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;
(8) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay, or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose which it is being used;
(10) 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;
(11) 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;
(12) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children, a harbor for vagrants, criminals, or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
(13) Whenever any building or structure has been conducted, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the municipality, as specified in the Building Code, or of any law or ordinance of the municipality relating to the condition, location, or structure of buildings;
(14) 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%, or in any supporting part, member, or portion less than 66% of the strength, fire-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;
(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because or inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;
(16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard;
(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
(18) 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.
(Ord. 2007-4, passed 11-14-2007)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 18-1720, 18-1722, and 18-1722.01