It shall be a public nuisance and a violation of this chapter, to keep, maintain, or own a dangerous building within the city. A “DANGEROUS BUILDING” is defined as any of the following:
(A) (1) A building whose interior or 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 falls outside the middle third of its base;
(2) A building, exclusive of the foundation, that shows thirty-three percent (33%) or more damage or deterioration to its supporting members, or fifty percent (50%) or more damage or deterioration to its non-supporting members, or to the enclosing or outside walls or coverings;
(3) A building having improperly distributed loads on the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe to occupants or the public;
(4) A building damaged by fire, wind, or other causes so as to cause the building to become dangerous to life, limb, or property of the occupants or to the public;
(5) A building that 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 or injury to health, safety, or general welfare of those living therein;
(6) A building having light, air, and sanitation facilities that are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein;
(7) A building having inadequate facilities for egress in case of fire or panic or having insufficient stairways, elevators, fire escapes, or other means of travel;
(8) A building that has parts or elements that are attached or not attached in such a way that they may fall and cause injury to persons or property;
(9) A building that is missing or has nonfunctioning smoke detectors or similar detection devices in violation of the Fire Code; or
(10) A building with openings where a door, window or other architectural feature, or parts thereof, should be located.
(B) Every person owning or having control of a building shall not allow unsecure openings where a door, window or other architectural feature should be located.
(1) The city shall be authorized to abate the nuisance of an unsecured opening, and may effectuate securing the opening pursuant to the applicable code upon recommendation of a code enforcement official.
(2) The nuisance of opening where a door, window or other architectural feature should be located may be securely boarded by using a minimum of three-eighths (3/8) inch plywood or other similar material in a manner that will secure the building from intrusion.
(3) Any board placed on a building shall be painted a color that is consistent with the color of the structure or be painted black, and shall be cut to fit the opening.
(C) Every person violating the provisions of this section shall be subject to the procedures set forth in this chapter.
(D) Keeping, maintaining, or owning a dangerous building is a public nuisance and shall constitute a violation of this chapter, subject to the remedies set forth in this chapter.
(Ord. 04-2016, passed 11-14-16)