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It shall be unlawful to construct any building or structure in the fire limits unless the exterior walls and roof of such building or structure are covered with or constructed of nonflammable material; provided that this shall not operate to prohibit the construction of wooden porches, balconies or ornamental work no higher than the second story within such fire limits.
('72 Code, § 151.011) Penalty, see § 10.99
It shall be unlawful to repair any existing frame building within the fire limits after the same has been damaged by any cause to 50% of its value.
('72 Code, § 151.012) Penalty, see § 10.99
DANGEROUS BUILDINGS
(A) The term
DANGEROUS BUILDING as used in this subchapter is defined to mean and include:
(1) Any building, shed, fence or other man-made structure which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures.
(2) Any building, shed, fence or other man-made structure which because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire or creates a fire hazard.
(3) Any building, shed, fence or other man-made structure which by reason of faulty construction or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.
(4) Any building, fence, shed or other man-made structure which because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
(B) Any such dangerous building in the city is declared to be a nuisance.
('72 Code, § 151.015)
It shall be unlawful to maintain or permit the existence of any dangerous building in the city; and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or to permit it to be occupied while it remains in a dangerous condition.
('72 Code, § 151.016) Penalty, see § 10.99
(A) Whenever the Building Committee, the Fire Marshal or the Health Officer shall be of the opinion that any building or structure in the city is a dangerous building he/she shall file a statement to this effect with the Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by registered mail or by personal service. Such notices shall state the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied at once.
Such notice may be in the following terms:
“To (Owner-occupant of premises) of the premises known and described as . You are hereby notified that (describe building) on the premises above mentioned has been condemned as a nuisance and a dangerous building after inspection by . The cause for this decision is (here insert the facts as to the dangerous condition). You must remedy this condition or demolish the building immediately, or the city will proceed to do so.”
(B) If the person receiving the notice has not complied therewith or taken an appeal from the determination of the officer or employee finding that a dangerous condition exists, within ten days from the time when this notice is served upon such person by certified or registered mail or personal service, the Building Committee may, upon orders from the Mayor and Council, proceed to remedy the condition or demolish the dangerous building.
('72 Code, § 151.017)
(A) Any frame building or structure within the fire limits of the city as hereinbefore prescribed, which has been or may be damaged by fire, decay or other causes to the extent of 50% of its value, shall be torn down and removed, or rebuilt with nonflammable walls. Upon written notice by the Building Inspector, the Health Officer or the Fire Marshal, to the effect that such building has been so damaged, filed with the Clerk, the Clerk shall notify the City Council of the receipt of such notice.
(B) The City Council shall then appoint three persons to determine whether or not such building or structure has been damaged to the extent of 50% of its value.
(C) A copy of the notice of the appointment of this board of three persons to determine the damage shall be served upon the owner of the premises by personal service or by certified or registered mail at his or her last known address.
Such notice shall be in substantially the following form:
“To . You are hereby notified that had determined that the building owned by you at located within the fire limits of the city has been damaged by fire, decay or otherwise to the extent of 50% of its value and that a board of 3 persons has been appointed to verify this finding, which board shall hold its first meeting in the city hall on the day of at the hour of o' clock, at which time it will determine whether or not this finding is correct.
If the finding is verified by the board, you must tear down and remove such building, or rebuild it with nonflammable walls.”
(D) If such board of 3 members determines that the building in question has been damaged to the extent of 50% of its value, it shall be the duty of the owner to tear down and remove the said building within 20 days after the finding of such board, or to remodel it to comply with the requirements for new buildings in the fire limits; and it shall be unlawful to occupy or permit the occupancy of such building after such finding until it is so remodeled.
('72 Code, § 151.018) Penalty, see § 10.99
No person, firm or corporation shall violate any provision of this subchapter; nor shall any person permit any dangerous building, or any building or structure to remain in a dangerous condition, or to remain in the fire limits, without remodeling as above provided for, after it has been damaged to the extent of 50% of its value.
('72 Code, § 151.019) Penalty, see § 10.99
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