§ 90.040 CONDITIONS, DEFECTS OF BUILDINGS/STRUCTURES.
   For the purpose of this subchapter, any building, structure, or premises which has any or all conditions or defects hereinafter described shall be deemed to be a dangerous or hazardous building, structure, or premises provided that such conditions or defects exist to the extent that the life, health, safety, or welfare of the public or its occupants is threatened and endangered:
   (A)   Whenever any portion thereof has been damaged by fire, wind, flood, or by any other cause, to the extent that the structural strength or stability thereof is materially less than it was before such catastrophe has occurred, and poses a potential danger of collapse or threat to safety to persons or property;
   (B)   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;
   (C)   Whenever any portion thereof has warped, buckled, or settled to such an extent that the walls or other structural portions have materially less resistance to winds than is required or expected of similar new construction;
   (D)   Whenever a 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;
   (E)   Whenever the building, structure, or premises, or any portion thereof, is likely to partially or completely collapse because of:
      (1)   Dilapidation, deterioration, or decay;
      (2)   Faulty construction;
      (3)   The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;
      (4)   The deterioration, decay, or inadequacy of its foundation; or
      (5)   Any other cause.
   (F)   Whenever, for any reason, the building, structure, or premises, or any portion thereof, is manifestly unsafe for the purpose for which it is being used, intended to be used, or capable of being used;
   (G)   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 of the base;
   (H)   Whenever any building, structure, or premises has been constructed, exists, or is maintained in violation of any specific requirements or prohibition applicable to such building or structures provided by the building regulations of this state or city relative to the construction, condition, location, or structure of buildings;
   (I)   Whenever any building, structure, or premises, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, heating apparatus, or other cause is determined to be a fire hazard;
   (J)   Whenever a building, structure, or premises used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, or arrangement, deemed to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease;
   (K)   Whenever any portion of a building, structure, or premises remains on a site after the demolition or destruction of the building, structure, or premises, or whenever any building, structure, or premises is abandoned for a period in excess of six months, so as to constitute such building, structure, or premises, or portion(s) thereof, an attractive nuisance or hazard to the public;
   (L)   Whenever any building, structure, or premises is in such condition as to constitute a PUBLIC NUISANCE, as defined by the laws and statutes of the state, city ordinances, the common law, or equity jurisprudence;
   (M)   Whenever the building, structure, or premises has been so damaged by wind, earthquake, fire, or flood, or has become so dilapidated, deteriorated, or neglected to become:
      (1)   An attractive nuisance for children;
      (2)   A harbor for vagrants, criminals, or immoral persons; or
      (3)   As to enable persons to resort thereto for the purpose of committing unlawful, immoral, or vandalistic acts.
   (N)   Whenever any building, structure, or premises which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion, less than 50%, or in any supporting part, member, or portion less than the 66% required by the law in the case of newly constructed buildings, structures, or premises of like area, height, and occupancy in the same location:
      (1)   Strength;
      (2)   Fire-resisting qualities or characteristics; or
      (3)   Weather resisting qualities or characteristics.
   (O)   Whenever a building, structure, or premises is not kept or maintained in a manner which is at variance with, and inferior to the level of, maintenance of surrounding properties relative to the following conditions:
      (1)   Unoccupied buildings allowed to deteriorate or decay without taking care of repairs, upkeep, or maintenance;
      (2)   Abandoned or boarded up, or partially destroyed or partially constructed;
      (3)   Deteriorating or peeling of paint that allows the exterior building coverings to deteriorate or to permit the effect of sun and water penetration so as to encourage decay, dry rot, warping, or cracking;
      (4)   Broken window, doors, attic vents, and under floor vents;
      (5)   Overgrown vegetation which is unsightly and/or conducive to the harboring of rats, vermin, or other rodents and pests;
      (6)   Dead, decayed, or diseased trees, weeds, and other vegetation;
      (7)   Trash, debris, garbage, or refuse strewn on/around the premises; and
      (8)   Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, or deteriorated, in disrepair, or defaced.
   (P)   Whenever an owner or occupant is holding a building, structure, or premises for demolition purposes beyond one year after declaring so, or as evidenced by surrounding circumstances; or
   (Q)   Whenever a building, structure, or premises has been allowed to deteriorate or decay to:
         (1)   Cause neighborhood blight;
         (2)   Adversely effect other properties and/or property values;
         (3)   Erode the visual environment of the neighborhood or the community; or
         (4)   Attract or harbor rats, vermin, other rodents, and/or pests.
(Prior Code, § 4.0701) (Ord. 411, passed 9-2-1992)