Loading...
ARTICLE A. PUBLIC NUISANCES AND ABATEMENT PROCEDURES
SECTION:
16-8A-1: Title
16-8A-2: Purpose
16-8A-3: Definitions
16-8A-4: Alterations, Additions And Repairs; Inspections
16-8A-5: Enforcement; Inspections; Right Of Entry
16-8A-6: Abatement Of Dangerous Buildings; Public Nuisances
16-8A-7: Abatement Procedure; Notice And Order
16-8A-8: Time For Performance Of Work
16-8A-9: Recordation Of Notice And Order
16-8A-10: Standards For Repair, Vacation And Demolition
16-8A-11: Notice To Vacate
16-8A-12: Appeal
16-8A-13: Historic Resources
16-8A-14: Enforcement Of Orders To Repair, Demolish, And/Or Secure
16-8A-15: Procedure For City Performance Of Abatement By Repair Or Demolition
It is the purpose of this chapter to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the building code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished and to set reasonable standards for the securing of buildings as a temporary method of abatement, in order to prevent the buildings from having deleterious effects on surrounding properties.
(1979 Code § 16.28.020; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998)
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter, or if not defined in this chapter as specified in the codes adopted in chapter 2 of this title. Where terms are not defined herein or in the applicable codes they shall have their ordinary accepted meanings within the context with which they are used. As used in this chapter the following words and phrases shall have the meanings given them:
BOARD: The board of building and fire code appeals as established in title 3, chapter 5 of this code.
BOARDING OR BOARDED: The secured covering of openings to a building or structure to prevent entrance pursuant to the provisions and standards of this chapter due to the nonoccupancy of the building or structure, which openings are boarded up or secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type.
BUILDING CODE: The international building code, as adopted by chapter 2 of this title, together with all other technical codes adopted therein.
BUILDING OFFICIAL: The duly appointed building official of the city or the building official's duly authorized representative.
DANGEROUS BUILDING: Any building or structure deemed to be dangerous under the provisions of section 16-8A-6 of this article.
OCCUPANT: Any person who has a legal or equitable interest in a parcel of real property other than a fee interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance, or adverse possessor, as well as a person in possession or a person who has charge, care or control of the parcel of real property, as the agent or personal representative of the person(s) holding legal title to a fee interest.
OPEN: The condition of a building or structure when not secured against unauthorized or unlawful entry.
OWNER: Any person who, alone or jointly or severally with others, shall have legal title to a fee interest in the parcel of real property, with or without accompanying actual possession thereof.
VACANT: A. Empty;
B. Not occupied on a regular basis by an occupant; or
C. Not used by a person on a regular basis for the usual and customary purposes for which a building is designed and lawfully permitted.
(1979 Code § 16.28.030; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-32, 6-5-2001; Ord. 2001-69, 12-4-2001; Ord. 2001-71, 12-18-2001, eff. 1-1-2002; Ord. 2004-39, 6-15-2004, eff. 7-1-2004)
A. All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of all codes adopted under chapter 2 of this title.
B. All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this chapter and the provisions related to inspections contained in the codes adopted under chapter 2 of this title.
(1979 Code § 16.28.040; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-71, 12-18-2001, eff. 1-1-2002)
A. Enforcement: The building official is hereby authorized to enforce the provisions of this chapter. The building official shall have the power to render interpretations of the provisions of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter.
B. Inspections: The building official, the fire marshal, assistant fire marshals, and health officers of the county health department are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
C. Right Of Entry: When it is necessary to make an inspection to enforce the provisions of this chapter, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused or the building official has been unable to locate the owner or other persons having charge or control of the building or premises to request entry, the building official shall have recourse to the remedies provided by law to secure entry. None of the above requirements are intended to restrict or limit the power of the building official from inspecting or acting upon conditions observed within plain view. The building official may enter a building or premises to abate public nuisances pursuant to the provisions of this chapter.
(1979 Code § 16.28.050; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. All buildings or portions thereof which are determined after inspection by the building official to be "dangerous", as defined in subsection B of this section, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified herein.
B. For the purpose of this chapter, any building or structure 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 its occupants are endangered:
1. Whenever any door aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
4. 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 or similar structure, purpose or location.
5. 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.
6. 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 (1/2) 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.
7. 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 earthquakes than is required in the case of similar new construction.
8. Whenever the building or structure, or any portion thereof, because of: a) dilapidation, deterioration or decay; b) faulty construction; c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; d) the deterioration, decay or inadequacy of its foundation; or e) any other cause, is likely to partially or completely collapse.
9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
10. 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-third (1/3) of the base.
11. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
12. 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: a) an attractive nuisance to children; b) a harbor for vagrants, criminals or immoral persons; or as to c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
14. 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 fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: a) strength; b) fire resisting qualities or characteristics; or c) 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.
15. 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, or otherwise, is determined by an officer of the county health department to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
16. Whenever 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 fire marshal to be a fire hazard.
17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever the construction of any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
19. Whenever any building or structure, or portion thereof, is vacant or open and:
a. One or more of the doors, windows, or other openings are missing or broken;
b. One or more of the doors, windows, or other openings are boarded up or secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type, unless boarded in accordance with an approved vacant building plan pursuant to article B of this chapter; or
c. In such condition that it constitutes an attractive nuisance or hazard to the public.
(1979 Code § 16.28.060; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001)
20. Any other condition or defect defined as dangerous under section 202 of the international existing building code, as adopted by chapter 2 of this title, or its successor provisions.
(Ord. 2005-29, 5-24-2005)
Loading...