(a) Public Nuisance Structures Defined. For purposes of this Building Code, “public nuisance structures” are hereby defined as those buildings or structures that are any of the following:
(1) Injurious to or a menace to the public health, safety or welfare;
(2) Structurally unsafe, unsanitary or not provided with adequate safe egress;
(3) A fire hazard;
(4) Vacant and open to public entry;
(5) Otherwise dangerous to human life or injurious to the public; or
(6) In relation to existing use, a hazard to the public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
(b) Unsafe Structures.
(1) For purposes of this Building Code, those buildings or structures that meet the definition of public nuisance structures are declared to be “unsafe structures” as well.
(2) All unsafe structures or conditions as defined in other parts of the code are likewise declared to be public nuisance structures under this code section.
(c) Per Se Public Nuisance Structures. Vacant and unsafe structures in which utility services have not been shut off are declared to be a public nuisance because of the risk of harm from explosion, accidental fire or flooding.
(d) Landscaping. The existence of overgrown grass, weeds, or other landscaping conditions that violate the provisions of the Codified Ordinances shall be considered a nuisance, and if such conditions are found to exist only one (1) notice to the property owner, as provided in this chapter, shall be necessary in any one growing season and the Building Commissioner may cause such nuisance to be abated or removed more than once in any growing season as conditions may require.
(e) Tree Roots. The existence of tree roots that obstruct sewers shall be considered a nuisance, and if such condition is found, the Building Commissioner may abate the nuisance immediately and without service of notice or estimate of the cost of abatement.
(f) Costs. If the Building Commissioner takes action to abate any nuisance described in subsections (d) and (e) hereof, the Commissioner shall furnish the owner of the real estate from which the nuisance originates with a statement of the cost of abating the same as soon as the cost can be ascertained, and shall order the owner to pay the cost within such reasonable time as the Commissioner shall fix, but not less than thirty (30) days. In case the cost is not paid within the time fixed, the Commissioner shall collect such costs as set forth in this chapter.
(Ord. 2012-35. Passed 6-5-12.)