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(a) All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this chapter in a building or which were required by a previous statute in a building when erected, altered or repaired, shall be maintained in good working order.
(b) It shall be unlawful for the owner of a building or his designated agent to fail to maintain the structure and its exitways in a safe and sanitary condition at all times. (1975 L.M.C., ch. 1, § 1.)
(a) Continuation of existing use. The legal use and occupancy of any structure existing on the effective date of this chapter or for which it had been heretofore approved, may be continued without change, except as may be specifically required herein or as may be deemed necessary by the director for the general safety and welfare of the occupants and the public.
(b) Change in use. It shall be unlawful to make any change in the use or occupancy of any structure which would subject it to any special provision of this chapter without approval of the director and his certification that such structure meets the intent of the provisions of law governing building construction for the proposed new use and occupancy and that such change does not result in any greater hazard to public safety or welfare. (1975 L.M.C., ch. 1, § 1.)
Except as provided in this section, existing buildings when altered or repaired as herein specified shall be made to conform to the full requirements of this chapter for new buildings:
(a) Alterations and damages over 25 percent. If the cost of alterations or repairs, as described herein, or damages by fire or other cause, is over twenty-five (25) percent of the physical value of the building, the director shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements for new buildings.
(b) Alterations under 25 percent. If the cost of alterations or repairs described herein is twenty-five (25) percent or less of the physical value of the building, the director shall permit the restoration of the building to its condition previous to damage or deterioration with the same kind of materials as those of which the building was constructed; provided, that such construction does not endanger the general safety and public welfare and complies with other provisions of this chapter in respect to existing roofs.
(c) Increase in size. If the building is increased in floor area or number of stories, the entire building shall be made to conform with the requirements of this chapter with respect to means of egress, fire safety, light and ventilation.
(d) Part change in use. If a portion of the building is changed in occupancy or to a new use group and that portion is separated from the remainder of the building with the required vertical and horizontal fire divisions complying with the fire grading in this chapter, then the construction involved in the change shall be made to conform to the requirements for the new use and occupancy and the existing portion shall be made to comply with the exitway requirements of this chapter.
(e) Physical value. In applying the provisions of this section, the physical value of the building shall be determined by the director and be based on current replacement costs. (1975 L.M.C., ch. 1, § 1; 1980 L.M.C., ch. 56, § 1.)
For a site with a conditional use:
(a) The Department may allow minor adjustments during construction that the Planning Director has confirmed do not substantially alter the size, location, or external appearance of any approved building, structure, or use.
(b) Any change proposed during construction that would substantially alter the location or external appearance of any approved building, structure, or use requires an amendment under Article 59-7 of this Code. (2016 L.M.C., ch. 35, § 1.)
Editor's note—Former § 8-8, Removal of buildings, derived from 1975 L.M.C., ch. 1, § 1, was repealed by 2002 L.M.C., ch. 24, § 1. See § 8-27.
(a) Posted use and occupancy. Every building and structure and part thereof designed for and listed among high hazard, storage, mercantile, industrial or business use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted on all floors by the owner with a suitably designed placard in a form designated by the director, which shall be securely fastened to the structure in a readily visible place, stating: the use group, the fire grading, the live load and the occupancy load.
(b) Posted occupancy load. Every building and structure and part thereof designed for a use listed among the assembly building or institutional building use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted with an approved placard designating the maximum occupancy load.
(c) Replacement of posted signs. All posting signs shall be furnished by the owner and shall be of permanent design; they shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.
(d) Periodic inspection. The director may periodically inspect all existing buildings and structures except one- and two-family dwellings, for compliance with the law in respect to posting, or he may accept the report of such inspection from an authorized licensed professional engineer or architect and such inspection and report shall specify any violation of the requirements of this chapter in respect to the posting of floor load, fire grading, occupancy load and use group of the building. (1975 L.M.C., ch. 1, § 1.)
(a) Right of condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the director may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.
(b) Examination and record of damaged building. The director shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.
(c) Notice of unsafe building. If an unsafe condition is found in a building or structure, the director shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately notify the director of his acceptance or rejection of the terms of the order.
(d) Restoration of unsafe building. A building or structure condemned by the director may be restored to safe condition; provided, that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration; except, that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
(e) Posting "unsafe" notice. If the person addressed with an "unsafe" notice cannot be found within the county after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the ``unsafe'' notice shall be posted in a conspicuous place on the premises and such procedure shall be deemed the equivalent of personal notice.
(f) Disregard of "unsafe" notice. Upon refusal or neglect of the person served with an "unsafe" notice to comply with the requirements of the order to abate the unsafe condition, the county attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance. (1975 L.M.C., ch. 1, § 1.)
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