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A "dangerous building" is any building or structure deemed to be dangerous under any of the following provisions:
A. 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.
B. 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.
C. 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 by the uniform building code (1994 edition) for new buildings of similar structure, purpose, or location.
D. 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 uniform building code for new buildings of similar structure, purpose, or location.
E. 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.
F. 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 uniform building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the uniform building code for such buildings.
G. 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.
H. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse.
I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
J. 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.
K. 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, of fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls, or coverings.
L. 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 an attractive nuisance to children; a harbor for vagrants, criminals, or immoral persons; or as to enable persons to resort thereof for the purpose of committing unlawful or immoral acts.
M. 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 the town agent, agents of Elbert County or the state of Colorado health officer or caseworker to be unsanitary, unfit for human habitation, or in such a condition that its likely to cause sickness, disease, or injury to occupants or others.
N. 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, as determined by the town fire marshal, or appropriate county or state officials, to be a fire hazard.
O. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or by state statute or by town ordinance or code.
P. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever 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 safety hazard to the public. (Ord. 246, 10-5-2004)
A. The town board shall appoint the town building inspector, or other appropriate officer, hereinafter referred to as the "building official" to enforce the provisions of this chapter. The person so appointed by the town shall have the minimum training or education necessary to interpret and enforce the provisions of this chapter and the codes referred to therein.
B. The building official and fire marshal are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
C. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the building official or the building official's authorized representative, 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, premises, or structure, at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building, structure, or premises are 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, structure, or premises, and request entry. If entry is refused, the building official shall have all recourse to the remedies provided by law to secure entry including the obtainment of an order through the Simla municipal court.
D. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in this chapter.
E. It shall be unlawful for any person, persons, corporations or other legal entities, 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 the terms of this chapter. Those persons or entities in violation of the provisions of this chapter may be subject to a fine not to exceed five hundred dollars ($500.00) for each violation of this chapter, for each day that the property is not in compliance with the provisions of this chapter. (Ord. 246, 10-5-2004)
A. 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", as defined herein, the building official shall commence proceedings to cause the repair, vacation, or demolition of the building.
B. Upon such finding, the building official shall issue a notice and order directed to the record owner of the building and/or the occupants of the building. The notice and order shall contain the following information:
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 found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter.
3. A statement of the action required to be taken as determined by the building official.
a. If the building official has determined that the building or structure must be repaired, the order shall require that the owner obtain all necessary permits, if any, and that all repairs commence within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.
b. 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 under the circumstances.
c. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable under the circumstances.
4. Statements advising the owner that if any required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising that any person having any record title or legal interest in the building may appeal from the notice and order of any action of the building official to the town board, provided that the appeal is made in writing and filed with the town clerk within fifteen (15) days from the date of service of such notice and order; and that failure to appeal in a timely manner will constitute a waiver of all right to an appeal hearing. Any appeal shall state with specificity the reasons for the appeal.
6. Statements advising that the order may be enforced by the municipal court for the town of Simla.
7. Service of the notice and order may be made upon the owner of the property by either mailing a copy of the notice and order to the owner by certified mail, delivering a copy of the notice and order to the owner at his address or wherever he or she may be found, and/or by posting such notice and order to the front door or other visible portion of the subject property. (Ord. 246, 10-5-2004)
A. Refusal To Comply: Should the owner, or person or persons in control of the dangerous building fail or refuse to comply with the notice and order issued by the building official, and further fail to appeal to the town board within the time required by this chapter, the building official shall cause a summons and complaint to be served upon the person or persons, in accordance with the Colorado municipal court rules of procedure, requiring the person or persons to appear in Simla municipal court on a date certain to answer the charges against him or her. Nothing in this chapter shall be construed to prevent the building official from taking immediate action to abate the dangerous building if in the building official's discretion immediate action is required due to an imminent and immediate hazard, danger, and safety factor existing to the public at large if immediate action is not taken.
B. Abatement: The town, through the building inspector, upon the determination that an owner, person, or persons, in control of a dangerous building, has failed and refused to bring the dangerous building into compliance, and/or upon a finding of the Simla municipal court judge that the subject property is in violation of this chapter, may take such action as is necessary to abate the dangerous building and to bring the subject property into compliance. The whole cost, thereof, including the town's reasonable costs (including legal, engineering, and other technical expenses) incurred in enforcing this chapter, together with five percent (5%) for inspection and other incidental costs in connection therewith, shall be assessed upon the lots and tracts of land which have been adjudicated to be a dangerous building. The assessment shall be a lien against each lot or tract of land until paid.
C. Certification To County Treasurer: In the event the assessment for the abatement of the dangerous building is not paid within thirty (30) days of the final billing of the town, or of such deadline as is established by the Simla municipal court, whichever the case may be, the town may certify the sum owed to the Elbert County treasurer who shall collect the assessment, together with a ten percent (10%) penalty for cost of collection, in the same manner as other taxes are collected. (Ord. 246, 10-5-2004)
A. Those persons or entities in violation of the provisions of this chapter may be subject to a fine not to exceed five hundred dollars ($500.00) for each violation of this chapter, for each day that the property is not in compliance with the provisions of this chapter. (Ord. 246, 10-5-2004)