§ 95B.104 DANGEROUS BUILDING DEFINED.
   For the purpose of this chapter, any building, structure or portion thereof which has any or all of the conditions or defects hereinafter described 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 the occupants are endangered:
   (A)   Whenever any door, aisle, passageway, stairway, stair rails, guardrails, or other required means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, as provided by the Building Code or any applicable state code or ordinance of the city;
   (B)   Whenever the walking surface of any aisle, passageway, stairway, floor or floor covering is so warped, worn, loose, torn or otherwise unsafe as not to provide a safe and adequate means of passage;
   (C)   Whenever the stress in any structural materials, member or portion thereof, due to all dead and live loads, is more than one and one-half 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, 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 earthquake than is required in the case of similar new construction;
   (H)   Whenever the building or structure or any portion thereof is likely to partially or completely collapse because of:
      (1)   Dilapidation, deterioration or decay;
      (2)   Faulty construction;
      (3)   The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
      (4)   The deterioration, decay or inadequacy of its foundation; or
      (5)   Any other cause.
   (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-half of the base;
   (K)   Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing 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 either:
      (1)   An attractive nuisance to children;
      (2)   A harbor for vagrants or criminals; or
      (3)   As to enable persons to resort thereto for the purpose of committing unlawful acts;
   (M)   Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of either the strength, fire-resisting qualities, or 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;
   (N)   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 is determined by the Enforcement Official to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;
   (O)   Wherever 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 Enforcement Official to be a fire hazard;
   (P)   Whenever any building or structure is in such a condition as to constitute a public nuisance, under any applicable city ordinance pertaining to public nuisances or under any applicable state code, including but not limited to Cal. Gov't Code § 38771 and Cal. Civ. Code § 3480;
   (Q)   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 or portion thereof has been abandoned or deserted so as to constitute an attractive nuisance or hazard to the public.
(Ord. 1226, passed 8-5-98)