(A) General. When the Solid Waste Coordinator finds a structure or equipment unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter.
(B) Unsafe structures. An unsafe structure is one that is found dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(C) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(D) Structure unfit for human occupancy. A structure is unfit for human occupancy when the Solid Waste Coordinator finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(E) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted by law, or was erected, altered or occupied contrary to law.
(F) Dangerous structure or premises. For the purpose of this chapter, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
(1) Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
(2) The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
(3) Any portion of a building, structure or appurtenance damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to collapse partially or completely, or to become detached or dislodged.
(4) Any portion of a building, or any member, appurtenance or ornamentation on the exterior lacking sufficient strength or stability, or not anchored, attached or fastened in place making it capable of resisting natural or artificial loads at least equal to one and one-half the original designed value.
(5) The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to collapse partially or completely, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
(6) The building or structure, or any portion is clearly unsafe for its use and occupancy.
(7) The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to minors who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
(8) Any building or structure that has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire ordinance of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
(9) A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, determined by the Solid Waste Coordinator to be unsanitary, unfit for human habitation or in such a condition that will likely to cause sickness or disease.
(10) Any building or structure, lacking sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the Solid Waste Coordinator to threaten life or health of public or occupants.
(11) Any portion of a building remaining on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned leaving such building or portion an attractive nuisance or hazard to the public.
(G) Closing vacant structures.
(1) If a structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Solid Waste Coordinator is authorized to post a placard condemning the premises and ordering the structure closed to prevent it from remaining or becoming an attractive public nuisance.
(2) If the owner or owner's authorized agent fails to close up the premises within the time specified in the order, the Solid Waste Coordinator shall close the premises and secure it through any available public agency or by contract or arrangement by private persons; owner shall pay the cost or the cost shall be charged against the real estate upon which the structure is located and shall become a lien upon such real estate and shall be collected by any other legal method.
(H) Authority to disconnect service utilities.
(1) The Solid Waste Coordinator may disconnect utility service to the building, structure or system regulated by this chapter.
(2) If necessary to eliminate an immediate hazard to life or property, the Solid Waste Coordinator may disconnect the utility service if the utility connection has been made without the required approval.
(3) The Solid Waste Coordinator shall notify the serving utility and, when possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action.
(4) If not notified prior to disconnection, the Solid Waste Coordinator shall notify, in writing as soon as practical the owner, owners authorized agent or occupant of the building structure or service system.
(5) Notice. Whenever the Solid Waste Coordinator condemns a structure or equipment, the Coordinator shall post the notice in a conspicuous place in or about the structure affected and serve the notice on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment. If the notice pertains to equipment, it shall be placed on the condemned equipment.
(6) Placarding. If the owner, owner's authorized agent or person responsible fails to comply with the notice provisions within the time given, the Solid Waste Coordinator shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(7) Placard removal. The Solid Waste Coordinator shall remove the condemnation placard when the defect or defects upon which the condemnation and placarding action were based are eliminated.
(8) Any person who defaces or removes a condemnation placard without the approval of the Solid Waste Coordinator shall be subject to the penalties provided by this chapter.
(9) Prohibited occupancy. Any occupied structure condemned and placarded by the Solid Waste Coordinator shall be vacated as ordered by the Solid Waste Coordinator.
(10) Any person who occupies a premises placarded or operates placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who allows anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this chapter.
(11) Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the Solid Waste Coordinator shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
(12) Record. The Solid Waste Coordinator shall file a report of the unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(I) Emergency measures.
(1) Imminent danger. If the Solid Waste Coordinator, finds reasonable cause to believe that a structure or equipment is in imminent danger of failure or collapse or a building or structure endangers life, or when any structure or part of a structure falls and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Solid Waste Coordinator may order and require the occupants to vacate the premises.
(2) The Solid Waste Coordinator shall post at each entrance to such structure a notice: "This structure is unsafe and occupying it is prohibited by the Solid Waste Coordinator." It shall be unlawful for any person to enter such structure except to secure the structure, make the required repairs, remove the hazardous condition or demolish the structure.
(3) Temporary safeguards. Notwithstanding other provisions of this chapter, when, in the opinion of the Solid Waste Coordinator, there is imminent danger due to an unsafe condition, the Solid Waste Coordinator shall order the necessary work done which may include boarding openings to render such structure temporarily safe even if the legal procedures described in this chapter are not instituted; and shall take other action necessary to meet such emergency.
(4) Closing streets. When necessary for public safety, the Solid Waste Coordinator in consultation with the County Engineer, may temporarily close structures and close, or request the authority with jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the use of them.
(5) Emergency repairs. For the purposes of this section, the Solid Waste Coordinator shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(6) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the Daviess County Fiscal Court, which costs Daviess County Fiscal Court may recover from the owner as provided in § 93.09.
(7) The County Attorney may institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located to recover the costs of the emergency repairs.
(8) Hearing. Any person ordered to take emergency measures shall comply with such order immediately. Any affected person may petition the Appeals Board for a hearing on the amount of the necessary repairs.
(J) Demolition.
(1) The Solid Waste Coordinator shall order the owner or owner's authorized agent to demolish and remove any structure, which in the Solid Waste Coordinator's opinion is so deteriorated or dilapidated or has become so out of repair that it is dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy.
(2) If it is unreasonable to repair the structure, or if such structure is capable of being made safe by repairs, the Solid Waste Coordinator shall order the owner or owner's authorized agent to repair and make it safe and sanitary, or to board up and hold for future repair or demolish at owner's option.
(3) If normal construction of any structure ends for a period of more than two years, the Solid Waste Coordinator shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved in writing by the building official.
(5) If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the Solid Waste Coordinator 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 become a lien upon such real estate.
(6) Salvage materials.
(a) When the Solid Waste Coordinator orders any structure demolished and removed, the Fiscal Court or other designated officer may sell the salvage and valuable materials.
(b) The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person entitled or subject to any order of a court.
(c) If no surplus remains, the report shall so state.
(Ord. KOC 1-2016, passed 2-8-2016)