(A) It shall be a public nuisance and a violation of this chapter to keep, maintain or own a dangerous building within the city. A DANGEROUS BUILDING is defined as any of the following:
(1) A building whose interior or 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 falls outside the middle third of its base;
(2) A building, exclusive of the foundation, that shows 33% or more damage or deterioration to its supporting members, or 50% or more damage or deterioration to its non-supporting members, or to the enclosing or outside walls or coverings;
(3) A building having improperly distributed loads on the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe to occupants or the public;
(4) A building damaged by fire, wind or other causes so as to cause the building to become dangerous to life, limb or property of the occupants or to the public;
(5) A building that has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease or injury to health, safety or general welfare of those living therein;
(6) A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
(7) A building having inadequate facilities for egress in case of fire or panic or having insufficient stairways, elevators, fire escapes or other means of travel;
(8) A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
(9) A building that is missing or has non- functioning smoke detectors or similar detection devices in violation of the Fire Code; or
(10) A building with openings where a door, window or other architectural feature, or parts thereof, should be located.
(B) Every person owning or having control of a building shall not allow openings where a door, window or other architectural feature should be located.
(1) The city shall be authorized to abate the nuisance of an unsecured opening, and may effectuate securing the opening pursuant to the applicable code upon recommendation of the City Manager or his or her designee.
(2) The nuisance of opening where a door, window or other architectural feature should be located may be securely boarded by using a minimum of three-eighths-inch plywood or other similar material in a manner that will secure the building from intrusion.
(3) Any board placed on a building shall be painted a color that is consistent with the color of the structure or be painted black, and shall be cut to fit the opening.
(D) Keeping, maintaining or owning a dangerous building is a public nuisance and shall constitute a civil offense and a violation of this chapter, subject to the remedies set forth in §§ 92.18, 92.21 and 92.99 of this chapter. In addition to applicable procedures and remedies set forth herein, any officer designated by the city may give may give five days’ written notice to abate the violation of keeping a dangerous building and said notice shall be served in accordance with § 92.17(B). If no compliance is achieved within the timeframe given, the city is authorized to send employees or agents upon the property to remedy or abate the situation. If city employees or agents are utilized to remedy the situation, the city shall have a lien against said property for the reasonable value of labor and materials and/or abatement costs used in remedying such situation. An affidavit of a Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this section and it shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other liens, except state, county, school board and the city taxes, and may be enforced by judicial proceeding if all legal requirements are satisfied. The city’s lien may also be enforced through a civil action in accordance with § 92.19.
(1984 Code, § 92.06) (Ord. O-13-03, passed 4-1-2003; Ord. O-14-11, passed 6-29-2011; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020) Penalty, see § 92.99