For the purposes of this chapter, "dangerous building" means any building or structure, which has any of the defects, or is in any of the conditions hereinafter described:
(a) Whenever any portion has been damaged by wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause in such manner that the structural strength or stability is appreciably less than it was before the damage and is less than the minimum requirements of this chapter for a new building or similar structure, purpose or location;
(b) Whenever any portion or member or appurtenance is likely to fall or become detached or dislodged, or to collapse, and thereby injure persons or damage property;
(c) Whenever any portion has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction;
(d) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for any other reason is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;
(e) Whenever, for any reason whatsoever, the building or structure or any portion is manifestly unsafe for the purpose for which it is used;
(f) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral act;
(g) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation, or is in a condition that is likely to cause sickness or disease or is likely to work injury to the health, safety or general welfare of those living within;
(h) Whenever any building becomes vacant, dilapidated and open at door, window or other opening, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers;
(i) Whenever any building or structure becomes a harborage for rats, mice or other vermin and pests and is likely to be a source of infestation of such vermin and pests to the surrounding neighborhood;
(j) In addition, the term "dangerous building" shall also include any swimming pool, if such swimming pool is permitted:
(1) To become stagnant;
(2) To become a breeding ground for mosquitoes, or other insects;
(3) To become algae-ridden;
(4) To become otherwise unsafe for the intended purposes; or
(5) To have the required enclosure surrounding the swimming pool either not properly constructed or maintained in accordance with the requirements of the City;
(k) Whenever a building or structure remains unoccupied for a period of 180 consecutive days or longer and is not listed as being available for sale, lease or rent with a licensed real estate broker. For purposes of this chapter, "building" or "structure" includes, but is not limited to, a commercial building or structure. This division does not apply to the following:
(1) A building or structure as to which the owner or agent does both of the following:
A. Notifies the Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the Police Department by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
B. Maintains the exterior of the building or structure and adjoining grounds in accordance with the current Building Code(s) and ordinances of the City.
(2) A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the Police Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this division shall notify the Police Department not more
than 30 days after the dwelling no longer qualifies for this exception. As used in this division, "secondary dwelling" means a dwelling such as a vacation home that is occupied by the owner or a member of the owner's family during part of the year.
(Ord. 2004-10. Passed 8-2-04.)