CHAPTER 8
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
A. Nuisances: It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to cause or permit any nuisance as defined in section 16-8A-6 of this chapter to be created or remain, upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises.
B. Buildings In Violation: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.
C. Unlawful Entry: No person shall remain in or enter any building which has been posted pursuant to section 16-8A-11 of this chapter or subsection 16-8A-14B of this chapter, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code, if applicable.
D. Refusal To Comply: It shall be unlawful for any person to fail, neglect or refuse to obey any order made pursuant to this chapter.
E. Interference With Authorized Representative: No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city or person having an interest or estate in such building or structure is engaged in the work of securing, repairing, vacating or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
F. Noncompliance With Vacant Building Requirements: It shall be unlawful for an owner of a vacant building to fail to:
1. Register or reregister such building in accordance with the requirements of article B of this chapter.
2. Comply with the approved vacant building plan for such building, in accordance with the requirements of article B of this chapter; or
3. Maintain such building in accordance with the standards imposed under section 16-8B-10 of this chapter.
(1979 Code § 16.28.400; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
Whenever a nuisance as enumerated in section 16-8A-6 of this chapter creates an emergency requiring immediate action to protect the public health, safety or welfare, the building official may issue an immediate order directing the owner, occupant or other person in charge of the premises to take such action as is necessary to correct or abate the immediate emergency.
A. Notice: The building official shall attempt to make contact through a personal interview, or by telephone with the owner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the building official shall notify such person of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
B. Abatement: In the event the building official is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the building official, do not take action as specified by such official, within seventy two (72) hours, then the building official may, with the approval of the mayor, take all steps deemed necessary to remove or isolate such dangerous condition, or conditions, with the use of city forces or a contractor retained pursuant to the provisions of this code.
C. Cost: The building official shall keep an itemized account of the costs incurred by the city in removing or isolating such condition, or conditions. Such costs may be recovered in the same manner that abatement costs are recovered pursuant to this chapter, except that a tax lien may not be filed against the property.
(1979 Code § 16.28.420; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998)
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