(a) Dilapidated structures. Buildings or structures that are so deteriorated, damaged, dilapidated, or in need of repair so as to present a threat to the health, safety and welfare of the community constitute a nuisance and shall be abated by repair, rehabilitation or demolition as provided in Article VI of this chapter.
(b) Vacant and unsecured buildings or structures. Vacant and unsecured buildings or structures are unlawful and are prohibited by this chapter. The requirements of this subsection (b) shall apply to all vacant and unsecured buildings or structures, regardless of whether or not the building or structure is surrounded in whole or in part by a fence or wall.
(1) Duty to clean, secure and prohibit trespass.The owner or responsible party of a vacant building or structure shall remove any accumulation of weeds, combustible waste, or refuse from the interior of the building or structure and the surrounding yards; and shall secure all doors, windows, and other openings to prevent unauthorized entry. The owner or responsible party also shall post both the structure and the exterior premises with signs to provide conspicuous and reasonable notice prohibiting entry (i.e., "No Trespassing" signs).
(2) Reinspection of secured buildings and structures.The code official shall periodically reinspect a building or structure that was cleaned or secured pursuant to an administrative or judicial order to ensure continued compliance with the order and this chapter. The code official may assess a reinspection fee for actual costs of each inspection in those instances where the building or structure is again found to be vacant and unsecured or in need of debris or weed removal.
(3) Abatement of vacant and unsecured buildings or structures. When ordered abated, a vacant and unsecured building or structure shall be cleaned and secured as follows:
a. All accumulated refuse that poses a fire or health hazard within or upon the property or premises shall be removed; and
b. All unsecured doorway, windows, or exterior openings shall be barricaded in accordance with standards established by the code official, which shall be kept on file with the city clerk, and in accordance with section 16-12(A)(3) of this chapter; and
c. Both the structure and the exterior premises shall be posted with signs that provide reasonable notice prohibiting entry (i.e., "No Trespassing" signs).
(c) Buildings and structures constituting a nuisance. All buildings and structures are to be maintained so as not to pose a threat to the health and safety of any person or persons. The condition of a building or structure that meets any or all of the following is a public nuisance, is a violation of this chapter, and subjects the building or structure to abatement as provided in Article VI of this chapter, including demolition as provided in section 16-65:
(1) The building or structure lacks safe and adequate means of exit in case of fire or panic.
(2) The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1 1/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
(3) The building, structure or any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the damage and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
(4) The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
a. An attractive nuisance to children; or
b. A harbor for trespassers or persons committing unlawful acts.
(5) The building, structure, or any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to partially or completely collapse and thereby injure persons or damage property.
(6) Any portion of a building or structure, 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 building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
(7) Any portion of a building or structure that 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.
(8) The walls or other vertical structural members of the building or structure list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(9) The building or structure, excluding the foundation, has thirty-three (33) percent or more damage or deterioration to the supporting member or members or structural assembly, or fifty (50) percent damage or deterioration to the nonsupporting members, enclosing or outside walls or coverings.
(10) The building or structure is infested by rodents, insects or other noxious pests, rendering it uninhabitable.
(11) The building or structure exhibits conditions that present actual or imminent hazards or dangers, or is otherwise unsafe for the purpose for which it is being used.
(12) The building or structure, whether or not erected in accordance with all applicable laws, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent of the (a) strength, (b) fire- resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(13) A dwelling is unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
(14) The building or structure, because of obsolescence, dilapidated condition, damage, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause.
(15) The building or structure has been found, upon reinspection, to be vacant and unsecured, and either:
a. The code official has issued at least one (1) previous abatement order to secure within the preceding twelve (12) months, or more than three (3) abatement orders to secure over any time frame; or
b. The code official has secured the building or structure on at least one (1) previous occasion within the preceding twelve (12) months, or more than three (3) times over any time frame.
(16) A building or structure or portion thereof remains for any period of time on a site after the demolition or destruction of the building or structure; or normal construction of an unfinished or incomplete building or structure has ceased for a period of more than twelve (12) months.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 5, 3-1-05; Ord. No. 10638, § 2, 3-3-09; Ord. No. 10833, § 5, 8-4-10)