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Required. All equipment, systems devices and safeguards required by this code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
(A) General. The following officials are hereby designated and empowered as Code Officials who shall enforce or assist in enforcing provisions of this code: County Health Officer and County Sanitarian-Health and Sanitation; City Engineer/Building Inspector-Structure and Equipment; City Fire Inspector-Fire and Life Safety.
(B) Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with the code.
(C) Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the Code Official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the Code Official shall pursue recourse as provided by law.
(D) Access by owner or operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.
(E) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(F) Coordination of enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
(G) Organization. The Code Official shall appoint such number of officers, technical assistants, inspectors, and other employees as shall be necessary for the administration of this code and as authorized by the appointing authority. The Code Official is authorized to designate any employee as deputy who shall exercise all the powers of the Code Official during the temporary absence or disability of the Code Official.
(H) Relief from personal responsibility. The Code Official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(I) Official records. An official record shall be kept of all business and activities of the department specified in the provisions of this code, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
(A) Unlawful acts. It shall be unlawful for any person firm, or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the Code Official, or to remove or deface a placard or notice posted under the provisions of this code.
(B) Penalty. Any person who shall be determined by the Code Official to have violated a provision of this code shall, upon conviction thereof, be subject to a fine as follows:
(1) First offense, fine not less than $100 nor more than $250, together with court costs, as determined by the court.
(2) For a second offense of the same nature and occurring on the same property and within 24 months of a first offense, the fine shall not be less than $250 no more than $500 together with court costs, as determined by the court.
(3) For a third offense of the same nature and occurring on the same property within 24 months of the second offense, the fine shall be not less than $500 nor more than $2,500 together with court costs, as determined by the court.
(C) Enforcement. The Code Official shall issue written citations and/or orders for violations of this section and shall institute appropriate actions or proceedings at law to exact the penalties provided in division (B) above. The Code Official may request the city’s legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1) To restrain, correct or remove the violation or refrain from any further execution of work;
(2) To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
(3) To require the removal of work in violation; or
(4) To prevent the occupancy of the structure that is not in compliance with the provisions of this code.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
(A) Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner of the property or the person or persons responsible for such violation. Notices for condemnation procedures shall also comply with § 100.07(B).
(B) Form. Such notice prescribed in division (A) shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why the notice is being issued; and
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
(C) Method of service. Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address, with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(D) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 100.05(B).
(E) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or any other structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
(A) General. When a structure or equipment is found by the Code Official to be 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 code.
(B) Unsafe structure. An unsafe structure is one that is found to be 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 is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely. For the purpose of this code, any structure or premises that have 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 jurisdictions 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 that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
(4) Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of 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 partially or completely collapse, 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 thereof, 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 children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, 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 code 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, is determined by the Code Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
(10) Any building or structure, because of a lack of 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 Code Official to be a threat to life or health,
(11) Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
(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 public or occupants of the premises or structure.
(D) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, 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 under this code, or was erected, altered or occupied contrary to law.
(F) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(G) Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 100.06(C). The notice shall be in the form prescribed in § 100.06(B).
(H) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official 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.
(I) Prohibited occupancy. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
(J) Removal of placard. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this code.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
(A) Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen 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 Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure is Unsafe and its Occupancy has been prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
(B) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
(C) Closing streets. When necessary for the public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(D) Emergency repairs. For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(E) Cost of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the Code Official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(F) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Board of Public Works and Safety be afforded a hearing as described in this code.
(Ord. CO-96-08, passed 9-23-96; Am. Ord. CO-01-5, passed 3-26-01; Am. Ord. 06-2, passed 7-13-06; Am. Ord. 14-20, passed 12-22-14)
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