Article IX — UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

Editor's note— Ord. No. 1167, § 11, adopted Nov. 7, 1995, repealed former Art. IX, §§ 5-211, 5-212, which pertained to similar subject matter, and added a new Art. IX, §§ 5-211, 5-212, to read as herein set out.

Cross reference— Nuisances, ch. 18.

The 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference as the uniform code for the abatement of dangerous buildings of the city and reference is hereby made to the copy now on file in the clerk's office in the city.

(Ord. No. 1167, § 11, 11-7-95; Ord. No. 1301, § 10, 10-5-99)

(a)

Section 203 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended by rewriting the section in its entirety to read as follows based upon express finding of necessity as set forth in Section 1 of this ordinance.

Sec. 203. Violations—Penalties. 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 code. Every person, firm or corporation who violates any of the provisions of this code is guilty of a misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Upon conviction such person is punishable by a fine not exceeding one thousand dollars, ($1,000) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment for each offense.

(b)

Section 205 of the Abatement of Dangerous Building Code is hereby deleted in its entirety based upon express finding of necessity as set forth in Section 1 of this ordinance.

(c)

Section 402 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended by rewriting the section in its entirety to read as follows based upon express finding of necessity as set forth in Section 1 of this ordinance.

Sec. 402. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official may file in the office of the county recorder a certificate describing the property and certifying (i) that the building or structure is a dangerous building and (ii) that the owner has been so notified. The recorded certificate shall act as notice to any subsequent purchaser or encumbrancer of property involved in said proceedings, and this person shall be bound by the proceeding, herein described in the same manner as if this person had been the owner at the time of commencement of the proceeding and had been properly served at that time. Whenever the corrections ordered shall thereafter have been completed by the property owner or his/her agent and approved by the City, or the building(s)/structure(s) demolished and approved by the City, and all other City requirements have been met (including the payment of all expenses incurred by the City), the building official shall file a new certificate with the county recorder certifying that the building(s)/structure(s) has/have been demolished or all required corrections have been made so that the building(s)/structure(s) is/are no longer dangerous, whichever is appropriate.

(d)

Section 403.2 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended by rewriting the section in its entirety to read as follows based upon express finding of necessity as set forth in Section 1 of this ordinance.

building/structure contents or its occupants, or in the opinion of the building official, the conditions are such that abatement, repairs, demolition or other action, must be undertaken, the building official may take such action as required, or demolish such portions of the structure as are necessary to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit, or without any notice whatever when, in the Manager's opinion, immediate action is necessary.

Whenever emergency action in this section is taken, the building official shall submit to the City Council a written report indicating the location and ownership of the violating building/structure or premises or portions thereof and reasons requiring such emergency action. A copy of this report shall be attached to, or included as a part of, notice to the owner of record and tenants when notice is given as previously provided in Section 401.2.

(Ord. No. 1167, § 11, 11-7-95; Ord. No. 1301, § 10, 10-5-99)

Secs. 5-213—5-235. - Reserved.