Fresno Municipal Code Art. 4 Dangerous Building Regulations

This article shall be known and cited as the "Dangerous Building Ordinance." When used in this article, "this article" means the Dangerous Building Ordinance.

(Added Ord. 97-70, § 2, eff. 1-4-98).

The Council finds that dangerous buildings or structures, as defined in this article, are a public nuisance by virtue of their condition or defects to the extent that life, health, property or safety of the public or their occupants are endangered. It is the purpose of the provisions of this article to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy under this Code or otherwise available at law, whereby buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, property, safety and general welfare of the people of this city, or which tend to constitute a fire or health hazard, may be required to be repaired, vacated or demolished. The procedures established by this article are in addition to any other administrative, criminal or civil remedy established by law which may be pursued to address violations of the Municipal Code.

(Added Ord. 97-70, § 2, eff. 1-4-98).

(a) The provisions of this article shall apply to all buildings, as herein defined, which are now in existence or which may hereafter be constructed in the city.

(b) Alterations, Additions and Repairs. All buildings which are altered, added to, or repaired shall be subject to the provisions of the Fresno Building Code. (Added Ord. 97-70, § 2, eff. 1-4-98).

For the purpose of this article, certain words, phrases, and terms, and their derivatives shall be construed as specified in either this section or as specified in the Fresno Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(a) "Abandoned" is any property over which the owner has given up dominion and control with no intention of recovering it.

(b) "Board-up" is the temporary and interim measure to board-up building openings and secure the structure from unauthorized public entry. It is not considered compliance with a Notice and Order or correction of any violation.

(c) "Building" is any structure used or intended for supporting or sheltering any use or occupancy.

(d) "Fresno Building Code" shall mean Article 1 of Chapter 11, Article 5 of Chapter 10 and Article 3 of Chapter 11 of the Fresno Municipal Code.

(e) "Building Official" shall include the Building Official or any of his/her designated enforcement officials or authorized representatives.

(f) "Commission" shall mean the Building Commission of the City of Fresno.

(g) "Dangerous building" is any building or structure deemed to be dangerous under the provisions of Section 11-411.

(h) "Fire Chief" is the chief officer of the fire department serving the jurisdiction or the chief officer's authorized representative.

(i) "Imminent Life Safety Hazard" shall mean any emergency situation involving physical safety, or one that is reasonably certain to place life or limb in peril.

(j) "Occupy" shall mean to use for human habitation, for living, sleeping, cooking, or eating purposes, or any combination thereof, or for the conduct of any business, profession, occupation, or calling, including storage of merchandise or materials of any kind. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) Authority. The Building Official is charged with enforcement of the provisions of this article. All of the powers and duties vested in the Building Official relating to the abatement of dangerous buildings pursuant to this article shall be exercised and performed by the Building Official. However, the Fresno Fire Chief shall have all of the duties conferred on him/her by the California Code of Regulations.

(b) The Fire Chief, or the Building Official shall make or cause to be made, such inspections of properties and reports thereon as the Building Official shall require to assist him/her in enforcement of the provisions of this article.

(c) Right of Entry. The Building Official is authorized to enter upon any property or premises to ascertain whether provisions of this article or applicable state codes, regulations or ordinances are being obeyed, and to make examination and surveys as may be necessary in the performance of their duties. These may include taking photographs, video, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner and with the consent of the owner, agent or occupant. If an owner, occupant or agent refuses permission to enter or inspect, the Building Official may seek an administrative inspection warrant pursuant to the procedures provided for in Code of Civil Procedure Sections 1822.50 through 1822.59 to perform duty imposed upon the Building Official. (Added Ord. 97-70, § 2, eff. 1-4-98).

All buildings or portions thereof which are determined after inspection by the Building Official or Fire Chief to be dangerous as defined in this article are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, or demolition in accordance with the procedure specified in Section 11-418 of this article. (Added Ord. 97-70, § 2, eff. 1-4-98).

No person, firm, corporation, or other entity, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building, structure, or lot, or cause or permit the same to be done, contrary to, or in violation of any of the provisions of this article, and each day that any building or lot is used, occupied, or maintained contrary to or in violation of any provision of this article shall be deemed a separate offense. (Added Ord. 97-70, § 2, eff. 1-4-98).

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause or permit the same to be done, without first obtaining required permits and a separate building permit for each such building or structure from the Building Official in the manner and according to the conditions prescribed in this code. Time periods set forth in this article supersede all other time allotment ordinarily permitted under the provisions of the Fresno Building Code. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) Whenever a building permit is required by Section 11-408 of this article, the appropriate fees shall be paid to the City of Fresno as set forth in the Master Fee Resolution of the Fresno Municipal Code.

(b) Other Fees. Pursuant to Health and Safety Code Section 13146.2, a city, county or district which inspects a structure pursuant to Section 11-411 may charge and collect a fee for the inspection from the owner of the structure in an amount, as determined by the city, county or district, sufficient to pay its estimated responsible cost of providing the inspection service. (Added Ord. 97-70, § 2, eff. 1-4-98).

All buildings or structures or equipment within the scope of this article 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 article and the Fresno Building Code. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) For the purpose of this article, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building.

(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic,

(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Fresno Building Code for new buildings of similar structure, purpose or location;

(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the Fresno Building Code for a new building of similar structure, purpose or location.

EXCEPTION: Buildings registered on the National or Local Historic Buildings register may be constructed in accordance with California Code of Regulations, Title 24 Part 9, State Historical Building Code.

(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(6) Whenever any portion of a building, 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 that specified in the Fresno Building Code for new buildings of similar structure, purpose-or location without exceeding the working stresses permitted in the Fresno Building Code for such buildings;

(7) Whenever any portion thereof 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 new construction;

(8) Whenever the building or structure, or any portion thereof, because of:

(i) Dilapidation, deterioration, decay,

(ii) Faulty construction,

(iii) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or portion thereof,

(iv) The deterioration, decay or inadequacy of its foundation; or

(v) Any other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away;

(9) Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;

(10) 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 third of the base;

(11) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more of damage or deterioration to the member or members, or fifty percent (50%) of damage or deterioration of a nonsupporting enclosing or outside wall or covering;

(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to;

(i) Become an attractive nuisance; or

(ii) Become a harbor for vagrants, criminals or immoral persons; or

(iii) Enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts;

(13) Whenever any building or structure which has been constructed, or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the Fresno Building Code as defined in this article or of any law or ordinance of the state or city relating to the condition, location or structure of buildings;

(14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty percent (50%), or in any supporting member less than sixty-six percent (66%):

(i) Strength;

(ii) Fire-resisting qualities or characteristics;

(iii) Weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location;

(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, or faulty construction or arrangement, inadequate light, air or sanitation facilities, 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 cause injury to the health, safety or general welfare of those living within;

(16) Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;

(17) Whenever any building or structure is in such a condition as to constitute an attractive or public nuisance known to the common law or in equity jurisprudence;

(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;

(19) Whenever any building or structure is determined by the Building Official to be abandoned so as to constitute such building or portion thereof an attractive or public nuisance or hazard to the public. (Added Ord. 97-70, § 2, eff. 1-4-98).

Notwithstanding any other remedies available by law, whenever the Building Official or Fire Chief has inspected or caused to be inspected any building and has determined that such building is a dangerous building pursuant to this article or any state statute, ordinance or regulation, the Building Official may commence any of the following proceedings, to cause the repair, rehabilitation, vacation or demolition of the building:

(a) Issue a notice of violation; or

(b) Issue a Notice and Order; or

(c) Summarily abate; or

(d) Issue an administrative citation; or

(e) Request the City Attorney to institute legal action. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) The Building Official, in his/her discretion, may issue a notice of violation to the record owner of the property. The issuance of a notice of violation is not a prerequisite to any other action including issuance of a Notice and Order. The notice of violation is a non-appealable warning with direction to correct the violation. The notice of violation shall include all of the following:

(1) Name of the property's record owner;

(2) Street address of the property in violation;

(3) The code section(s) in violation;

(4) A description of the property's condition which violates the applicable codes;

(5) A deadline or specific date to correct the violations listed in the notice of violation;

(6) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including, but not limited to: administrative remedies; criminal prosecution; civil action; administrative abatement; civil penalties; revocation of permits; recordation of the notice of violation.

(b) Service of a notice of violation may be served upon the record owner by regular first class mail or personal service. Service is effective on the date of mailing, or personal service. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) Issuance. The Building Official may issue a Notice and Order. The Notice and Order shall contain:

(1) The street address and assessors parcel number of the premises on which the building or structure is located, sufficient for identification;

(2) Reference to all code sections violated with a brief and concise description of the conditions found which render the building dangerous under the terms of one or more sections of this code or any applicable state law.

(3) A statement of the required action to permanently correct outstanding violations, which may include any or all of the following measures:

(i) Repair and Rehabilitation. If the Building Official determines that the building or structure can be reasonably repaired, the Notice and Order shall advise that all required permits be obtained and work physically commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete all repairs.

(ii) Repair or Demolition. If the Building Official determines that the building or structure cannot be economically feasibly repaired, the Notice and Order shall advise that all required permits be immediately obtained and that repair or demolition shall be commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete the repair or demolition.

(4) A statement enumerating the action that can be taken by the city should the responsible party fail to comply with the terms and deadlines as prescribed in the Notice and Order.

(5) A statement advising that any person having any record title or interest in the building may appeal any Notice and Order served, provided the appeal is made in writing, pursuant to Article 5 of Chapter 11 of this code, within 15 days of the service of the Notice and Order. Failure to file an appeal in accordance with this article shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or any portion thereof.

(6) If the building is used or intended to be used for dwelling purposes, a statement advising the owner that in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year.

(b) Service.

(1) The Notice and Order, or any amended Notice and Order, shall be served on the following parties:

(i) The record owner of the property; and,

(ii) The holder of a mortgage holder, deed of trust or other lien holder on the property, if recorded or otherwise actually known to the Building Official at the time the Notice and Order is served.

(iii) If different than (i) or (ii) above, the tenant of any building or structure pursuant to California Health and Safety Code Section 17980(c).

(2) Service shall be completed in the following manner:

(i) Posting the notice conspicuously on or in front of the property; and,

(ii) Simultaneously, the same notice shall be sent by regular mail and certified mail (return receipt requested). If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. Service by certified or regular mail in the manner described above shall be effective on the date of mailing. Tenants do not need to be served with Notice and Order under this subsection, posting of the building or structure under subsection (i) above is sufficient; or

(iii) Personal service;

(iv) If the Building Official is unable to effectively serve the Notice and Order as permitted under subsection (b)(2)(i), (ii) or (iii) above, the Building Official may publish the Notice and Order in a newspaper of general circulation (as defined in Govt. Code § 6000), published in this jurisdiction. Publication of the Notice and Order pursuant to this section shall be for ten days. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the period. Service is deemed complete on the last day of publication.

(3) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this article.

(4) Proof of service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury, executed by the person effecting service, declaring the time and manner in which service was made. If service is effectuated by certified mail, the declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official.

(c) Recording of Notice and Order. At the time the Notice and Order is served the Building Official may record with the County Recorder a notice of pending administrative action. When the Notice and Order becomes final pursuant to Section 11-420(a), the Building Official shall file in the office of the County Recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the Notice and Order reversed, modified or set aside by the Building Commission upon appeal, so that the building no longer exists as a dangerous building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder that the building has been demolished or removed or is no longer dangerous. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) Whenever the Building Official or Fire Chief determines that an imminent life safety hazard exists that requires immediate correction or elimination, the Building Official or Fire Chief may exercise the following powers without prior notice to the responsible person:

(1) Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed; and/or

(2) Post the premises as unsafe, substandard or dangerous; and/or

(3) Board, fence or secure the building or site until the building or structure is repaired, rehabilitated or demolished; and/or

(4) Demolish and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public; and/or

(5) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and/or

(6) Take any other action as appropriate under the circumstances.

(b) The Building Official or Fire Chief shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard.

(c) Upon completion of the summary abatement, the Building Official shall notify the record owner of the property, the holder of any mortgage, deed of trust or other lien on the property, if recorded, or otherwise actually known to the Building Official, and any tenants of the building or structure, of the following:

(1) Location of property,

(2) Condition of the property,

(3) The violations, and

(4) Any action by the Building Official or Fire Chief taken to summarily abate the imminent life safety hazard and the costs incurred therein;

(5) The right to appear at the hearing and object to the determination made and the summary action taken by the Building Official or the Fire Chief.

Service of the notice shall be given in the same manner as provided in Section 11-414. The notice shall set a hearing date before the City Hearing Officer, not sooner than 15 days from service, for the Building Official or Fire Chief to establish that said building or structure was dangerous and required the immediate action taken. If the Hearing Officer finds that there was not an imminent life safety hazard, or the action taken by the Building Official or Fire Chief was more than necessary to eliminate the life safety hazard, the Hearing Officer shall order the property restored to its original condition or a condition which eliminates the imminent life safety hazard. If the property cannot be restored, the Hearing Officer shall continue the hearing for a period of not less than 30 days to allow both parties to gather and present evidence on the reasonable value of the property loss. Within 15 days of the conclusion of the continued hearing the Hearing Officer will, based on the evidence presented, file with the City Clerk's office and mail a copy to appellant and the Building Official, his/her findings of fact and decision to compensate the property owner or not and the monetary amount, if any, to be compensated. The City Council, shall, at its next scheduled hearing, after the filing of such findings of fact and decision with the City Council, or on a date to which the matter may have been continued by the Council, without taking evidence or hearing argument on behalf of either Appellant or City, consider the findings of fact and decision of the Hearing Officer and either affirm, modify, modify with conditions or revoke the order. Notice in writing of the decision of the Council shall be mailed to Appellant, and filed with the Building Official and the City Attorney.

(d) The Building Official shall keep an itemized account of the expenses incurred by the city in removing or isolating such condition or conditions. The costs incurred by the city in summarily abating the violation may be recovered by the city pursuant to Chapter 1, Article 5 of this Code. (Added Ord. 97-70, § 2, eff. 1-4-98; Am. Ord. 2002-51, § 20, eff. 10-31-02).

The Building Official may issue an administrative citation pursuant to Section 1-308. Appeal of an administrative citation may be made pursuant to Chapter 1, Article 4. (Added Ord. 97-70, § 2, eff. 1-4-98; Am. Ord. 2005-14, § 47, eff. 4-9-05).

Any person entitled to service under subsection (b) of Section 11-414 may appeal from any Notice and Order of the Building Official pursuant to Section 11-501 within 15 days of service of the Notice and Order. (Added Ord. 97-70, § 2, eff. 1-4-98).

(a) The building shall be repaired in accordance with the current Fresno Building Code or other current code applicable to the type of dangerous conditions requiring repair; or

(b) The building shall be demolished at the option of the building owner; or

(c) If the building or structure is vacant and does not constitute an imminent danger to life, limb, property or safety, it shall be boarded and temporarily secured against entry pursuant to Section 11-422 of this article.

(d) The building or structure may be posted with a placard(s) by the Fire Chief for the purpose of notifying Fire Department personnel of any potential dangers posed by the building or structure or any other requirements, restrictions or limitations for safely fighting a fire involving the building or structure. (Added Ord. 97-70, § 2, eff. 1-4-98; Am. Ord. 2004-133, § 1, 1-18-05).

(a) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, the Building Official may order the building or structure to be vacated and secured, pursuant to Section 11-422.

(b) If the building is ordered vacated, the Building Official shall post the building at each entrance thereto a notice reading:

DO NOT ENTER UNSAFE TO OCCUPY BUILDING OFFICIAL OF CITY OF FRESNO

It is a misdemeanor to occupy this building or to remove or deface this notice.

Fresno Municipal Code Section 11-419.

Whenever such notice is so posted, the Building Official shall include a notification thereof in the Notice and Order issued by him/her under section 11-414 of this section, specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has posted at each entrance door thereof a notice as prescribed in this subsection, except that entry may be made to repair, demolish, or remove such building or as otherwise permitted by the Building Official. No person shall remove or deface any such notice until the required repairs, demolition or removal has been completed and a certificate of occupancy issued pursuant to the provisions of the Fresno Municipal Code.

(Added Ord. 97-70, § 2, eff. 1-4-98).

(a) After any Notice and Order of the Building Official made pursuant to this article shall have become a final order, either by decision of the Building Commission affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any such person or entity who fails to comply with any such order is guilty of a misdemeanor.

(b) If, after any Notice and Order of the Building Official made pursuant to this article has become a final order, as described in subsection (a) above, and the responsible party has failed to timely commence the corrections or failed to timely complete the corrections, as required by the final order, the Building Official may:

(1) Cause the building to be vacated by posting pursuant to subsection (c) until the repair or rehabilitation is complete or the building or structure demolished; and/or,

(2) Issue administrative citations pursuant to Section 1.105 et seq.; and/or

(3) Request the City Attorney to exercise his/her discretion in the alternative, or cumulatively, to institute court action; and/or,

(4) Proceed with administrative abatement.

(i) By scheduling an administrative enforcement hearing, pursuant to subsection (d);

(5) Secure the building against entry.

(c) If the Building Official proceeds under subsection (b)(1), the Building Official may cause the dangerous building to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING DO NOT OCCUPY BUILDING OFFICIAL OF THE CITY OF FRESNO

It is a misdemeanor to occupy this building or to remove or deface this notice

Fresno Municipal Code Section 11-420.

No person shall occupy any building which has posted. No person shall enter any building which has been posted except that entry may be made to repair, demolish, or remove such building or as otherwise permitted by the Building Official.

No person shall remove or deface any such notice until the repairs, demolition, or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of Fresno Building Code.

(d) If the Building Official elects to proceed with administrative abatement of such violation pursuant to subsection (b)(4), the Building Official shall notice an administrative enforcement hearing under Chapter 1, Article 4. Notice of the hearing shall be served in the same manner as the Notice and Order. The notice shall direct the owner to appear before the City Hearing Officer and show cause why such building should not be found to be a nuisance and said nuisance be abated by demolishing the building or structure. The hearing shall be set no earlier than 15 calendar days from the date of service. The Hearing Officer shall be limited to considering evidence respecting the condition of said building or structure, the estimated cost of repair or rehabilitation and the estimated value of the building or structure, solely for the purpose of confirming, modifying or rejecting the Building Official's abatement procedure as set forth in the Notice and Order. The Hearing Officer shall consider and the order shall include a reflection on the economic feasibility or infeasibility of repair. The Hearing Officer shall confirm, modify or reject the Building Official's proposal for administrative abatement. If the Hearing Officer confirms or modifies the Building Official's proposal for administrative abatement, the Hearing Officer shall issue an order directing the Building Official to proceed with administrative abatement as confirmed or modified, at the owner's expense.

(e) Reserved.

(f) Recovery of Abatement Costs. The city shall recover the costs of abatement incurred under the provisions of this article, pursuant to Chapter 1, Article 5 of the Code.

(Added Ord. 97-70, § 2, eff. 1-4-98; Am. Ord. 2002-51, § 26, eff. 10-31-02; Am. Ord. 2005-14, §§ 18, 48, eff. 4-9-05).

(a) The Building Official shall have the discretionary power, to grant an extension of time to comply with the Notice and Order upon receipt of the following: (1) an application from a person required to conform to a Notice and Order and (2) a written agreement binding such person to comply with said order. The extension of time shall be granted in 30-day increments not exceed an additional one hundred eighty (180) days within which to complete said repair or rehabilitation. Such extension may be granted if the Building Official determines that said action will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, or rehabilitation of the premises and will not in any way affect or extend the time to appeal any Notice and Order.

(Added Ord. 97-70, § 2, eff. 1-4-98).

Editor's note— Ord. 2015-11, § 5, effective June 19, 2015, amended the Code by repealing former § 11-422 in its entirety. Former § 11-422 pertained to standards for temporarily boarding a vacant building or structure, and derived from Ord. 97-70, effective January 4, 1998; and Ord. 2002-51, effective October 31, 2002.

If a vacant structure previously boarded and secured by the responsible party or the Building Official, pursuant to a Notice and Order or final order, becomes unsecured or open to unauthorized entry, the Building Official may, without further prior notice proceed to resecure the property at the expense of the owner. Costs incurred in resecuring may be recovered pursuant to this code.

(Added Ord. 97-70, § 2, eff. 1-4-98).

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered by the Building Official to be repaired, vacated and repaired, demolished or removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of this article, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.

(Added Ord. 97-70, § 2, eff. 1-4-98).

(a) Payments for repair or demolition work made pursuant to this article shall be made out of the Repair and Demolition Fund, created pursuant to Section 11-337, upon the demand of the Building Official or his/her authorized representative.

(b) The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the city such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition under this Article, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of any monies recovered under Chapter 1, Article 5 of this Code. All funds collected, either upon voluntary payments, as a result of the sale of property after delinquency, or any other method, shall be paid when collected to the Controller and Director of Finance, who shall place the same in the Repair and Demolition Fund.

(Added Ord. 2002-51, § 27, eff. 10-31-02).