Section
97.01 General
97.02 Abatement of dangerous buildings
97.03 Violations
97.04 Inspection of work
97.05 Dangerous and nuisance buildings defined
97.06 Nuisance declared
97.07 Notices and orders of Building official
97.08 Appeal
97.09 Procedures for conduct of hearing appeals
97.10 Judicial review
97.11 Enforcement of the order of the Building official or City Council
97.12 Performance of work, repair, or demolition
97.13 Repair and Demolition Fund
97.14 Recovery of cost of repair or demolition
97.15 Joint and several responsibility
97.99 Penalty
(A) Administration. All references to the “building official” shall mean reference to any and all designees of the City Council for the purposes of the administration of this chapter.
(B) Inspections. The building official is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
(C) Right of entry. 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, the building official and/or the building official’s authorized representatives may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official and/or the building official’s authorized representatives, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(D) AUTHORIZED REPRESENTATIVE as used herein shall include the building official and their authorized inspection personnel. The City Council may delegate its authority under this chapter to any City of Union official or agent except for the duties of the City Council set forth in § 97.09(H)(5) through (7) and § 97.14(E).
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
All buildings or portions thereof which are determined after inspection by the building official to be in violation of 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 in this chapter.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
It shall be unlawful for any person, firm or corporation 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 this chapter.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015) Penalty, see § 97.99
All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this chapter.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a DANGEROUS OR NUISANCE BUILDING:
(A) When any portion or member of the structure is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(B) Whenever the building or structure, or any portion thereof, because of (I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
(C) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(D) 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.
(E) Whenever the building or structure has become so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children.
(F) Whenever a building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, the presence of chemicals or chemical residue or otherwise, is determined by the building official to be unsanitary, unsafe, or unfit for human habitation or use, or in such a condition that it is likely to cause injury, sickness or disease, or to present the possibility of collapse.
(G) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
(H) Whenever for lack of proper repairs or maintenance, or because of age and dilapidated condition, or because of poorly installed electrical wiring or equipment, defective chimney, gas connection or heating apparatus, or for any other reason a building or structure is liable to cause fire, or which is situated or occupied in a manner that endangers other property or human life.
(I) Whenever any building, its contents, or its yard areas are in a filthy or unsanitary condition.
(J) 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 one year so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
Every building or structure found by the City Council or the Council’s designee, or by the building official, to be a dangerous or nuisance building, or otherwise in violation of this chapter, is hereby declared to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare of the inhabitants of the city. Therefore, the presence of any building or structure in violation of this chapter is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
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