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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)
A. Abatement Procedure: When the building official has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a dangerous building, under section 16-8A-6 of this article, the building official may use the procedures set forth in this section for the abatement of such nuisance.
B. Notice And Order: The building official shall issue a written notice and order directed to the record owner of the property on which the building or structure is located. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the building official has determined the building to be dangerous with a brief description of the conditions which render the building dangerous under section 16-8A-6 of this article.
3. A statement of the action required to be taken, as determined by the building official, including the requirement to secure all necessary permits.
4. A statement of the required period of time as determined by the building official to be reasonable to complete such action.
5. A statement advising that if the required work or action is not commenced or completed within the time specified, the building official may proceed to cause the work to be done and bill the owner for the abatement costs and/or assess the costs against the property, and, if applicable, may vacate the building or secure the building against entry.
6. A statement advising that any person having any record title or legal interest in the building may appeal the notice and order or any action of the building official within ten (10) days from the date of service of such notice and order and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
7. A statement that failure to abate the nuisance within the required time limit is a class B misdemeanor.
8. A statement advising that the notice and order will be recorded against the property in the office of the county recorder if the notice and order is not complied with and no appeal has been filed.
C. Service Of Notice And Order:
1. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following, if known to the building official or disclosed from the records of the county recorder's office:
a. The holder of any mortgage or deed of trust or other lien or encumbrance of record;
b. The owner or holder of any lease of record; and
c. The holder of any other estate or legal interest of record in or to the building or the land on which it is located.
2. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.
D. Method Of Service:
1. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by first class mail, postage prepaid, to each such person at their address as it appears on the last assessment roll of the county or as known by the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any person to receive or accept such notice shall not affect the validity of any proceeding taken under this chapter. Service by mail in the manner herein provided shall be effective five (5) days after the date of mailing.
2. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
(1979 Code § 16.28.070; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2005-29, 5-24-2005)
A. Time Limit: The building official shall determine and set forth in the notice and order a reasonable time limit under all of the circumstances. Except for emergencies under section 16-8D-2 of this chapter, the time limit for completion of repair or demolition shall not be less than ten (10) days. The period of time for the securing of permits, if required, and the commencement of work, whether by repair or demolition, shall not exceed sixty (60) days from the date of the order. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable.
B. Extension Of Time To Perform Work: Upon receipt of a written request from any person required to comply with the order, the building official may grant, in writing, an extension of time, not to exceed an additional one hundred twenty (120) days (or a maximum time limit of 180 days from the date of the notice and order) within which to complete abatement, if good cause exists and the building official determines that the extension will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order. The building official shall have the authority to place reasonable conditions on any such extensions.
C. Time Limit For Beginning Repair Work: Work under any building permit issued for repair work required by this chapter must be begun within thirty (30) days of obtaining the permit and must be prosecuted to completion with reasonable diligence. If the work under the building permit is not begun or pursued as required, the building official may revoke the building permit without further notice and board the building as necessary.
(1979 Code § 16.28.080; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998)
A. Certificate: If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the Weber County recorder a certificate describing the property and certifying that:
1. The building is a dangerous building; and
2. The owner has been so notified; and
3. The costs of abatement may be charged against the property in the future.
B. Corrections Completed; New Certificate: Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
(1979 Code § 16.28.090; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998)
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