[Code 1979, § 9.151]
Any building or structure which has any of the following defects
or is in any of the following conditions shall be deemed a dangerous
and unsafe structure:
(1)
Whenever any door, aisle, passageway, stairway or other
means of exit does not conform to the approved fire code of the City,
it shall be considered that such dwelling does not meet the requirements
of this article.
(2)
Whenever any portion has been damaged by fire, wind,
flood or by any other cause in such a manner that the structural strength
or stability is appreciably less than it was before such catastrophe
and is less than the minimum requirements of this article and the
building code of the City for a new building or similar structure,
purpose or location.
(3)
Whenever any portion or member or appurtenance is likely
to fall or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(4)
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 by this
article or the building code of the City.
(5)
Whenever the building or structure or any part, because
of dilapidation, deterioration, decay or 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 other reasons, is likely to partially or completely collapse,
or some portion of the foundation or underpinning is likely to fall
or give way.
(6)
Whenever for any reason whatsoever the building or
structure or any portion is manifestly unsafe for the purpose for
which it is used.
(7)
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.
(8)
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 when so determined by the health officer,
or is likely to work injury to the health, safety or general welfare
of those living therein.
(9)
Whenever any building becomes vacant, dilapidated and
open at door or window, leaving the interior of the building exposed
to the elements or accessible to entrance by trespassers.
[Code 1979, § 9.152]
All dangerous and unsafe structures within the terms of § 14-131 are hereby declared to be public nuisances, and shall be repaired, altered, vacated or demolished as provided in this article.
[Code 1979, § 9.153]
The building inspector, the Fire Chief and/or the health officer
of the City, or anyone specifically deputized therefor by one of the
officers, shall enter upon any land or into any building or structure
for the purpose of and to inspect, and shall inspect the same, whenever
he shall have cause to believe or fear that the building, structure,
shed, fence or other manmade structure is a dangerous and unsafe building
and structure as described in this article.
[Code 1979, § 9.154]
It shall be unlawful to maintain or permit the existence of
any dangerous and unsafe building or structure in the City; and it
shall be unlawful for the owner, occupant or agent thereof, or any
person in custody and/or possession of any dangerous and unsafe building
or structure to permit it to remain in a dangerous condition, or to
occupy such building or permit it to be occupied while it remains
in a dangerous condition.
[Code 1979, § 9.155]
When the whole or any part of any building or structure is found
to be in a dangerous or unsafe condition as set forth in this article,
the City, through its building inspector, Fire Chief and/or health
officer, shall issue a notice of unsafe and dangerous condition.
(1)
The notice of unsafe and dangerous condition shall
be directed to the owner, agent or lessee registered with the City.
If no owner, agent or lessee has been registered, the notice of unsafe
and dangerous condition shall be directed to each owner of or party
in interest in the building or structure in whose name the property
appears on the last local tax assessment records.
(2)
The notice of unsafe and dangerous condition shall
specify the time and place of a hearing on the condition of the building
or structure at which time and place the person to whom the notice
of unsafe and dangerous condition is directed shall have the opportunity
to show cause why the building or structure should not be ordered
to be demolished or otherwise made safe.
(3)
It shall be imperative that the time and place of a
hearing shall be contained within the notice of unsafe and dangerous
condition. The person to whom the notice of unsafe and dangerous condition
is directed need not make any demand for the hearing.
[Code 1979, § 9.156]
(a)
A hearing officer shall be appointed by the City Council,
on the recommendation of the City Manager to serve at the pleasure
of the City Council.
(b)
When a notice of unsafe and dangerous condition is
issued, the officer so issuing the notice, whether he is the building
inspector, Fire Chief and/or health officer of the City, shall file
a copy of the notice of unsafe and dangerous condition with the hearing
officer.
(c)
The notice of unsafe and dangerous condition shall
be in writing and shall be served upon the person to whom it is directed
personally, or in lieu of personal service, may be mailed by certified
mail, return receipt requested, addressed to the owner or party in
interest at the address shown on the tax records, at least 10 days
before the date of the hearing described in the notice of unsafe and
dangerous condition. If any person to whom a notice of unsafe and
dangerous condition is directed is not personally served, in addition
to mailing the notice, a copy of the notice of unsafe and dangerous
condition shall be posted upon a conspicuous part of the building
or structure in question.
[Code 1979, § 9.157]
(a)
At the hearing, the hearing officer shall take testimony
of the officer who caused the notice of unsafe and dangerous condition
to be issued, and/or his representatives, and the owner of the property
and any interested party.
(b)
The hearing officer shall render his decision, either
closing the proceedings or ordering the building or structure to be
demolished or otherwise made safe.
(c)
If the hearing officer determines that the building
or structure should be demolished or otherwise made safe, he shall
so order the same, fixing a time in the order for the owner, agent
or lessee to comply therewith.
(d)
Should the owner, agent or lessee fail to appear or
neglect or refuse to comply with the order of the hearing officer,
the hearing officer shall file a report of his findings and a copy
of his order with the City Council and request that the necessary
action be taken to demolish or otherwise make safe the building or
structure.
(e)
A copy of the report and order of the hearing officer
shall be served on the owner, agent or lessee of the building or structure
in question, in the manner as set forth in this article.
[Code 1979, § 9.158]
(a)
If a report is filed pursuant to § 14-137(c), the City Council shall conduct a hearing, reviewing the findings, report and order of the hearing officer.
(b)
A date, time and place shall be fixed for the City
Council hearing, reviewing the findings, report and order of the hearing
officer.
(c)
Notice of the time and place of the City Council hearing
shall be given the owner, agent or lessee in the manner as set forth
in this article at least 10 days prior to such City Council hearing.
(d)
At the City Council hearing, the owner, agent or lessee
shall be given the opportunity to show cause why the building or structure
in question shall not be demolished or otherwise made safe.
(e)
The City Council, by a majority vote of the members
present, at which a quorum is in attendance, shall either approve,
disapprove or modify the order of the hearing officer for the demolition
or making safe of the building or structure in question.
[Code 1979, § 9.159]
(a)
If the City performs or causes to be performed the
demolition or making safe of buildings or structures pursuant to this
article, the cost of such demolition or making safe of such building
or structure shall be a lien against the real property and shall be
reported to the assessing officer of the City.
(b)
The assessing officer of the City shall assess the
cost of demolition or repair against the property on which the building
or structure in question is located.
(c)
The owner or party in interest in whose name the property
appears upon the last tax assessment records of the City shall be
notified of the amount of such cost by first class mail at the address
shown on the records. If he fails to pay the cost within 30 days after
mailing by the assessor of the notice of the amount thereof, the assessor
shall add the cost to the next tax roll of the City and the amount
shall be collected in the same manner and in all respects as provided
by law for the collection of taxes by the City.
[Code 1979, § 9.160]
An owner or party in interest aggrieved by any final decision or order of the City Council under § 14-138 may appeal the decision or order of the City Council to the county circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision of the City Council.
[Code 1979, § 9.161]
No officer, agent or employee of the City shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this article. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this article shall be defended
by the City until the final determination of the proceedings.
[Code 1979, § 9.162]
(a)
The owner of any dangerous or unsafe structure who shall fail to comply with any notice or order to repair, alter, vacate or demolish the building or structure shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in § 1-14.
(b)
The occupant or lessee in possession who fails to comply with any notice to vacate or who fails to repair or alter the building or structure in accordance with any notice given as provided for in this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in § 1-14.
