BUILDING AND PROPERTY REGULATIONS
145.01 Purpose and Scope | 145.06 Appeal |
145.02 Definitions | 145.07 Procedure for Conduct of Hearing Appeals |
145.03 Enforcement | 145.08 Enforcement of Order |
145.04 Notices and Orders of Building Inspector | 145.09 Performance of Work of Repair or Demolition |
145.05 Repair, Vacation, and Demolition | 145.10 Recovery of Cost of Repair or Demolition |
1. It is the purpose of this chapter to provide a just, equitable and practicable method to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
2. The provisions of this chapter apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in the City.
3. All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the Building Code.
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used.
1. "Building Code" is the International Building Code and International Residential Code, 2021 Edition, promulgated by the International Conference of Building Officials, as adopted in Chapter 155 of this Code of Ordinances.
(Ord. 1559 – Oct. 23 Supp.)
2. “Building Inspector” is the code enforcement officer.
3. “Dangerous building,” for the purpose of this chapter, means any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or of such building’s occupants are endangered:
A. 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.
B. Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is warped, worn, loose, torn, or otherwise unsafe and does 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 one and one-half (1½) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, or 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.
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 property.
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 one-half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code 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 (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
I. Whenever, for any reason, the building or structure, 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 passing through the center of gravity does not fall inside the middle one third of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosings 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 become (i) an attractive nuisance to children; (ii a harbor for vagrants or criminals, or as to (iii) enable persons to resort thereto for the purpose of committing unlawful acts.
M. Whenever any building or structure has been constructed, 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 City, as specified in the Building Code or Housing Code, or of any law or ordinance of the State or City relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-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.
O. Whenever 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, air or sanitation facilities, or otherwise, is determined by the Building Inspector to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
P. 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.
Q. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
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 six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
4. “Fire Marshal” is the Fire Chief in the Fire Department.
5. “Housing Code” is the Uniform Housing Code, 1997 Edition, as adopted in Chapter 161 of this Code of Ordinances.
1. The Building Inspector is hereby authorized to enforce the provisions of this chapter.
2. The Fire Marshal and the Building Inspector are hereby authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter.
3. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Building Inspector has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Inspector by this chapter, provided that if such building or premises is occupied, the Building Inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, the Building Inspector shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Inspector shall have recourse to every remedy provided by law to secure entry.
4. All buildings or portions thereof which are determined after inspection by the Building Inspector to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter.
5. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.
6. All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the Building Inspector in accordance with and in the manner provided by this chapter and the Building Code.
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