UNSAFE BUILDINGS

§ 150.050 APPLICATION.

   All buildings or portions thereof which are determined to be substandard, as defined in this subchapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in M.S. §§ 463.15 et seq., as they may be amended from time to time, related to hazardous and substandard buildings.

(2004 Code, § 150.80) (Ord. 90-23, passed 7-10-1990; Ord. 03-341, passed 5-13-2003)

§ 150.051 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BUILDING. As defined in M.S. Ch. 463, as it may be amended from time to time, and shall include any structure or part of a structure. BUILDING may include, but is not limited to, any structure designed for human habitation.

   HAZARDOUS BUILDING.

      (1)   Any building which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard to public safety and health; and

      (2)   Any building or structure which has any or all of the following defects shall be deemed a HAZARDOUS BUILDING:

         (a)   One whose interior 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 of the middle third of its base;

         (b)   One which, exclusive of the foundation, shows 33% or more damage or deterioration of the supporting member or members or 50% damage or deterioration of the non-supporting enclosing or outside walls or covering;

         (c)   One which has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which has insufficient strength to be reasonably safe for the purpose used;

         (d)   One which has been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the city;

         (e)   One which 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, so as to work injury to the health, safety or general welfare of those occupying or using the same;

         (f)   One having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;

         (g)   One having inadequate facilities for egress in cases of fire or panic;

         (h)   One which has parts thereof which are so attached that they may fall and injure members of the public or property;

         (i)   One which, because of its condition, is unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the city;

         (j)   A building existing in violation of any provision of any ordinance of the city relating to the construction of buildings or the installation therein or thereon of heating, plumbing or electrical equipment, appliances or devices; and/or

         (k)   A building which is only partially completed and which because of incomplete condition is unfit for the uses for which it was designed and intended; provided, the building or structure has been left in an uncompleted condition for more than one year, and the owner thereof has failed during that time to renew his or her building permit or furnish the Director of Inspections with information upon which the Director or the City Council may determine that the building or structure will be completed within a reasonable time thereafter; any such building or structure is deemed an abandoned uncompleted building or structure and a HAZARDOUS BUILDING, within the terms of this subchapter, if the building is constructed of inflammable materials and is sufficiently close to adjacent buildings to constitute a fire hazard; if the building or structure is left open so it may be frequented by children or by persons with criminal intentions; or if any portion of the building is liable to deterioration so as to be seriously detrimental to values of property in the vicinity.

   OWNER, OWNER OF RECORD and LIEN HOLDER OF RECORD. Persons having a right of interest in the property where the hazardous building is located. Evidence of that interest must be filed and recorded in the office of the County Recorder.

   STRUCTURE. As defined in M.S. Ch. 463, as it may be amended from time to time, and shall include any structure or part of a structure.

(2004 Code, § 150.81) (Ord. 90-23, passed 7-10-1990; Ord. 03-341, passed 5-13-2003)

§ 150.052 STANDARDS FOR REPAIR, VACATION OR DEMOLITION.

   The following standards shall be followed in substance by the Director of Inspections or Fire Marshal and the City Council in ordering repair, vacation or demolition.

   (A)   If the hazardous building can reasonably be repaired so that it will no longer constitute a hazardous building under this subchapter, it shall be ordered repaired.

   (B)   If the hazardous building is in a condition so as to make it hazardous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated.

   (C)   In any case where a hazardous building is 50% damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a hazardous building cannot be repaired so that it will no longer exist as a hazardous building under the terms of this subchapter, it shall be demolished.

(2004 Code, § 150.82) (Ord. 90-23, passed 7-10-1990; Ord. 03-341, passed 5-13-2003)

§ 150.053 HAZARDOUS BUILDING A NUISANCE.

   All hazardous buildings within the terms of § 150.051 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

(2004 Code, § 150.83) (Ord. 90-23, passed 7-10-1990; Ord. 03-341, passed 5-13-2003)