Without limiting the power of the City Council to hereafter declare as public nuisances any other act, condition or thing by ordinance, the following specific acts, conditions and things are, each and all of them, hereby to be and constitute public nuisances:
(A) Any building or any portion thereof that is:
(1) Dilapidated, substandard or unfit for human habitation and a hazard to the public health, safety and welfare;
(2) Regardless of its structural condition, unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or
(3) Boarded up, fenced or otherwise secured in any manner if:
(a) The building constitutes a danger to the public even though secured from entry; or
(b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
(B) Any building that has any or all of the conditions or defects described in this section shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants is endangered:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not sufficient width or size or is not arranged so 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 1 1/2 times the working stress or stresses allowed in the International Building Code or the city code for new buildings of similar structure, purpose or location.
(4) Whenever any portion of a building 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 a catastrophe and is less than the minimum requirements of the International Building Code or the city code for new buildings of similar structure, purpose or location.
(5) Whenever any portion of a building, 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.
(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 International Building Code or the city code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the International Building Code or the city code for such buildings.
(7) Whenever any portion of a building has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquakes than is required in the case of similar new construction.
(8) Whenever the building or any portion thereof, is manifestly unsafe because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, or is likely to partially or completely collapse.
(9) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for 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 of gravity does not fall inside the middle one-third of the base.
(11) Whenever the building, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% or more damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to:
(a) Become an attractive nuisance to children;
(b) Become a harbor for vagrants, criminals or immoral persons; or
(c) Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(13) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the International Building Code or International Property Maintenance Code or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
(14) Whenever any building 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:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) 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.
(15) Whenever a building, 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 Enforcement Officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
(16) Whenever any building, 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 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 remains on a site after the demolition or destruction of the building or whenever any building 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.
(19) Whenever water heating facilities are not properly installed or maintained in a safe and good working condition and/or such water heating facilities are not capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 122 degrees Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under the provisions of this section are not in operation.
(20) Whenever any minimum standards provided by the International Building Code, the International Property Maintenance Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel and Gas Code or National Electrical Code, as amended, and as adopted by the City Council, are not met for any building.
(Ord. 11012016-BUILDING, passed 11-1-2016)