All structures 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 specified herein. If the Building Official determines that a structure is dangerous, as defined by this chapter, the Enforcement Officer shall commence proceedings to cause the repair, vacation, or demolition of the structure.
(A) Notice of status as derelict or dangerous structure.
(1) Notice. When the Building Official determines that a structure is a derelict or dangerous structure, the Enforcement Officer shall give notice of the infraction to the owner pursuant to this chapter. Additional notice to other affected persons, such as tenants and holders of a security interest shall be given. In addition to the notice required by § 91.35, the Enforcement Officer shall give the statement of actions required to cure or remedy the condition and, if necessary, the order to vacate described in division (B) below.
(2) Statement of actions required.
(a) Notice of the statement of action shall be given in conjunction with the notice of infraction pursuant to § 91.35.
(b) The statement of the action required to cure or remedy a condition giving rise to classification of a structure as derelict or dangerous shall include the following.
1. If the Building Official has determined that the building or structure must be repaired, the statement shall require that all required permits be secured and the work physically commenced within such time from the date of the statement and completed within such time as the Enforcement Officer shall determine is reasonable under all of the circumstances, but no more than ten days, or the building or structure be demolished.
2. If the Building Official has determined that the building or structure must be vacated, the statement shall order that the building or structure shall be vacated within a time certain from the date of the statement as determined by the Enforcement Officer to be reasonable, but no more than seven days.
3. If the Building Official has determined that:
a. The building or structure is vacant;
b. The building or structure is structurally sound and does not present a fire hazard; and
c. The building or structure has presented or is likely to present a danger to individuals who may enter the building or structure even though they are unauthorized to do so, the statement shall require that the building or structure be secured against unauthorized entry by means which may include, but are not limited to, the boarding up of doors and windows.
4. If the Building Official has determined that the building or structure must be demolished, the statement shall order that the building be vacated within such time as the Enforcement Officer shall determine is reasonable from the date of the statement; that all required permits be secured from the date of the statement, and that the demolition be completed within such time as the Enforcement Officer shall determine is reasonable.
5. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Enforcement Officer 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 owners.
(B) Notice of unsafe occupancy.
(1) Posting notice. In conjunction with an order to vacate, a notice shall be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER |
UNSAFE TO OCCUPY |
It is a violation of the Sublimity Nuisance Ordinance to enter or occupy this building or to remove or deface this notice. |
Enforcement Officer |
City of Sublimity |
(2) Compliance.
(a) Upon an order to vacate and the posting of an unsafe building notice, no person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under permit.
(b) No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and either a final inspection has been conducted in the case of residential structure or a certificate of occupancy issued pursuant to the provisions of the building code ordinance.
(Ord. 709, passed 3-9-2009)