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Earlier editions: 2026-07

Title III — HEALTH AND SANITATION

Taft Municipal Code Ch. 4.2 Public Nuisances; Dangerous Buildings Code

Taft Municipal Code · 2026-10 edition · updated 2026-10-03 · Taft

Cite as: Taft Municipal Code Chapter 4.2 · Text as of 2026-10-03

3-4.2-1: TITLE:

This chapter shall be known as the DANGEROUS BUILDINGS CODE, may be cited as such, and will be referred to herein as "this chapter". (Ord. 771-08, 10-7-2008)

Exceptions & meaning →

3-4.2-2: PURPOSE AND SCOPE:

(A) Purpose: It is the purpose of the provisions of this chapter to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the California building code, chapters 1-2, California plumbing code, California mechanical code, California electrical code and California fire code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, property, safety or welfare of the general public or their occupants, may be required to be vacated, demolished or secured.

(B) Scope: The provisions of this chapter shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter be constructed within this city.

(C) Historical Structures: It is the further purpose of the provisions of this chapter to foster the preservation of buildings and structures of historical value by discouraging their demolition and to protect against the unintentional damaging or destruction of structures of historical value through the demolition of buildings or structures structurally connected to such historical structures. (Ord. 771-08, 10-7-2008)

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3-4.2-3: REQUIREMENTS AND STANDARDS:

Except as provided herein, all buildings or structures which are required to be secured or demolished under the provisions of this chapter shall be subject to the requirements and standards set forth in title V, "Building Regulations", of this code. (Ord. 771-08, 10-7-2008)

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3-4.2-4: CUMULATIVE REMEDIES, PROCEDURES AND PENALTIES:

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. (Ord. 771-08, 10-7-2008)

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3-4.2-5: ENFORCEMENT:

(A) Authority And Administration: The building official shall be authorized and directed to administer and enforce all provisions of this chapter, including, but not limited to, the classification of buildings as dangerous or immediately dangerous. As used herein, the term "building official" shall include his or her authorized representatives and/or designee, except as specifically provided otherwise.

(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: Those persons entitled to make inspections may enter on premises to make inspections to the extent authorized by law. (Ord. 771-08, 10-7-2008)

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3-4.2-6: ABATEMENT OF DANGEROUS BUILDINGS:

All buildings or portions thereof which are determined after inspection by the building official to be dangerous, as defined in this chapter, are declared to be public nuisances and shall be abated by rehabilitation, demolition, securement or removal in accordance with the procedure specified in this chapter. (Ord. 771-08, 10-7-2008)

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3-4.2-7: VIOLATIONS AND PENALTIES:

(A) Criminal And Civil Actions: No responsible party, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the building official hereunder. For purposes of this chapter "person" includes individuals, partnerships, corporations, or other business forms. Notwithstanding any other law, any violation of the provisions of this section or any other provision of this chapter shall be an infraction for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty five thousand dollars ($25,000.00) for each day the violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any provision of this chapter.

(B) Reasonable Period To Correct Violations: No fee or penalty shall be assessed for violations of title V (Building Regulations) or the title VI (Planning and Zoning) unless the owner has been provided a reasonable period of time to correct the violation before imposition of the citation, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be no more than thirty (30) days determined in the discretion of the building official, or his or her, designee.

  1. Notwithstanding the foregoing, immediate imposition of administrative fines or penalties for the violation of title V (Building Regulations) or the title VI (Planning and Zoning) may be had if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is required in such circumstance if all of the following are true: (i) a tenant is in possession of the property that is the subject of the administrative action; (ii) the rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; (iii) the rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

(C) Prior Violations: The increased civil penalties, and modification of the crime classification from an infraction to a misdemeanor, shall apply to all violations where a notice and order or other official notice from the City has not been sent to the person in violation prior to the effective date hereof. The civil penalties and crime classification as provided in this code prior to the effective date hereof shall continue to apply to all violations where a notice and order or other official notice of violation was sent by the City prior to the effective date hereof. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-8: INSPECTION OF WORK:

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 in accordance with and in the manner provided by applicable provisions of this code. (Ord. 771-08, 10-7-2008)

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3-4.2-9: APPEALS:

All appeals provided for hereunder shall follow the processes and procedures of sections 3-4-14 and 3-4-17. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the findings and orders provided in a notice and order or notice to vacate issued under this chapter. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-10: DEFINITIONS:

For the purpose of this chapter, certain phrases and terms and their derivatives shall be construed as specified in this chapter. Words, phrases, and terms used in this chapter, but not specifically defined herein shall have the meanings defined elsewhere in this code. Where not defined in this code, such words, phrases, and terms shall have the meanings stated therefor in "Webster's New International Dictionary Of The English Language, Unabridged, Second Edition". (Ord. 771-08, 10-7-2008)

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3-4.2-11: DANGEROUS BUILDING:

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 building, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered:

(A) 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.

(B) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the city building code for new buildings of similar structure, purpose or location.

(C) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the city building code for new buildings of similar structure, purpose or location.

(D) Whenever any portion or member of a building or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(E) 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 (1/2) of that specified in the Taft city building code, for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Taft city building code, for such buildings.

(F) 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 similar new construction.

(G) Whenever the building or structure, or any portion thereof, because of: 1) dilapidation, deterioration, or decay; 2) faulty construction; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other cause, is likely to partially or completely collapse.

(H) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(I) 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 (1/3) of the base.

(J) Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

(K) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants, criminals or immoral persons; or as to 3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(L) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by regulations specified in this code or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings.

(M) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent (50%), or in any supporting part, member, or portion less than sixty six percent (66%), of the: 1) strength, 2) fire resisting qualities or characteristics, or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(N) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, insects, rodents, pests or other vectors, or otherwise, is determined by the city building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(O) Whenever the fire marshal has determined that a building, structure, or the premises thereof constitute a fire hazard for any of the following reasons:

  1. Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials;

  2. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials;

  3. Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials;

  4. Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;

  5. Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department or egress of occupants in case of fire;

  6. Other conditions including, but not limited to, want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, which create a hazardous condition.

(P) Whenever any building or structure, because of faulty electrical wiring, or other cause, is determined by the building official to be an electrical or fire hazard to life, health or property.

(Q) Whenever any building or structure, because of faulty gas connections, heating apparatus or water and sewer systems, or other cause, is determined by the building official to be a hazard to life, health or property.

(R) Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or inequity jurisprudence.

(S) 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 vacant, unoccupied, or abandoned for a period in excess of six (6) months such that the building or portion thereof is an attractive nuisance or hazard to the health, safety and welfare of the public.

(T) Whenever any well, septic tank or other excavation appurtenant to any existing or demolished structure has been abandoned. (Ord. 771-08, 10-7-2008)

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3-4.2-12: IMMEDIATELY DANGEROUS BUILDING OR STRUCTURE:

For the purpose of this chapter, an "immediately dangerous building or structure" shall be defined as any building or structure which has been so damaged by fire, infestation, seismic disturbance, or by any other cause to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat to life, health or safety of the public. (Ord. 771-08, 10-7-2008)

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3-4.2-13: NOTICES AND ORDERS:

(A) Commencement Of Proceeding: Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he or she shall commence proceedings to repair, vacate, or demolish the building.

(B) Notice And Order: The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

  1. The street address and a legal description sufficient for identification of the premises upon which the building is located.

  2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter.

  3. A statement that the building official has determined that the building must be repaired or demolished at the option of the owner in the manner and within the time limitations hereinafter specified.

(a) If the owner elects to repair the building, all required permits for repair shall be secured therefor and the work physically commenced thirty (30) days from the date of the order and completed within such time as the building official shall determine is reasonable under all of the circumstances, or

(b) If the owner elects to demolish the building, that all required demolition permits shall be secured therefor and demolition commenced not later than thirty (30) days from the date of the order, and that demolition be completed within such time as the building official shall determine is reasonable.

  1. Statements advising that the building official:

(a) If any required repair or demolition work is not commenced within the time specified, may order the building vacated and posted to prevent further occupancy until the work is completed;

(b) May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water); and

(c) May proceed to secure or demolish the building and charge the costs thereof against the property or its owner.

Statements advising: a) that any person having any record title or legal interest in the building may appeal, from the notice and order or any action of the building official, provided the appeal is made in writing, as provided in this chapter, within thirty (30) days from the date of the order; and b) that failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure section 1094.5.

(C) Service Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: 1) the holder of any mortgage or deed of trust or other lien or encumbrance of record; and 2) the owner or holder of any lease of record. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section.

(D) Method Of Service: Service of the notice and order may be made upon all persons entitled thereto under this chapter. Service may be made upon the record owner at his or her or their address as it appears on the latest equalized assessment roll of Kern County, or as known to the building official.

(E) Proof Of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.

(F) Substandard Property Declaration; Expungement Notice: The building official may also issue a declaration of substandard property as provided in section 3-4-10 and/or an expungement notice as circumstances warrant. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-14: STANDARDS:

(A) Any building declared a dangerous building under this chapter shall either be repaired or demolished by the owner in accordance with the applicable provisions of this code.

(B) 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 its occupants, it shall be ordered to be vacated as provided in this chapter. (Ord. 771-08, 10-7-2008)

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3-4.2-15: NOTICE TO VACATE:

(A) Posting: Every notice to vacate shall, in addition to being served as provided in this chapter, be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall be in substantially the following form:

DANGEROUS BUILDING

DO NOT ENTER

UNSAFE TO OCCUPY

This structure is substandard and shall be vacated until certified by the City of Taft Code Enforcement Division. No person shall enter this structure except for the purpose of making required repairs or demolishing the structure. It is a misdemeanor pursuant to Taft City Code Section 1-1-11 to occupy this building or to remove or deface this notice.

IT IS A MISDEMEANOR TO ENTER THIS STRUCTURE OR REMOVE OR DEFACE THIS NOTICE

Signed: City address and phone number

Date:

(B) Compliance: Whenever a notice to vacate is posted, the building official shall include facts in the notice and order specifying the conditions which necessitate an immediate notice to vacate.

(C) Requirements: No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit without the consent of the building official. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of this code. Any person violating this subsection shall be guilty of a misdemeanor.

(D) Occupancy: The building official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property and safety of the public or occupants. (Ord. 771-08, 10-7-2008)

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3-4.2-16: HAZARDOUS UTILITIES:

Whenever a notice to vacate has been posted and served in accordance with this chapter, the building official may order the immediate disconnection of any utility services determined to be hazardous by the building official. If the sewer service is ordered disconnected pursuant to this section, city water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It shall be unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this section. (Ord. 771-08, 10-7-2008)

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3-4.2-17: APPEAL:

(A) Form Of Appeal: Any person entitled to service under this chapter, and any person who is a tenant may appeal from any notice and order or notice to vacate issued under this chapter by following the procedures of section 3-4-14 within thirty (30) days of the date of the notice and order or notice to vacate, but the written appeal under this section shall additionally contain:

  1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;

  2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

  3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

  4. The signatures of all parties named as appellants, and their official mailing addresses; and

  5. A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.

(B) Appeal Timing, Notice, And Procedures: The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in sections 3-4-14 and 3-4-17. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the findings and orders provided in a notice and order or notice to vacate issued under this chapter. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-17.1: EFFECT OF FAILURE TO APPEAL:

Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the building official's order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure section 1094.5. (Ord. 771-08, 10-7-2008)

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3-4.2-17.2: SCOPE OF HEARING ON APPEAL:

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. (Ord. 771-08, 10-7-2008)

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3-4.2-17.3: STAYING OF ORDER UNDER APPEAL:

Except for orders to vacate made pursuant to this chapter, and utility disconnection orders made pursuant to this chapter, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 771-08, 10-7-2008)

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3-4.2-17.4: COMPLIANCE; FINALITY OF DECISION:

In addition to the provisions of sections 3-4-14 and 3-4-17:

(A) If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, then the hearing officer shall order the owner to correct the dangerous conditions or demolish the building within a reasonable time. The hearing officer shall also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish the building within the time set forth in its order that the City may repair, demolish or secure the building pursuant to this chapter or institute an action to compel compliance with its order. The decision is a final decision and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the order shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. Alternatively, if agreement is made in writing, the decision may be emailed to the appellant.

(B) The order shall also inform the appellant that the decision of the hearing officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure section 1094.5. (Ord. 852-23, 7-18-2023)

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3-4.2-17.5: EFFECTIVE DATE OF DECISION:

The effective date of the decision and the period or periods within which the appellant must comply with the requirements of said decision shall be as stated therein. (Ord. 852-23, 7-18-2023)

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3-4.2-18: ENFORCEMENT OF ORDERS:

(A) General: After any order of the building official or decision of a hearing officer made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

(B) Failure To Obey Order: If, after any order or decision made pursuant to this chapter has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may: 1) cause such person to be prosecuted under subsection (A) of this section; 2) institute any appropriate action to abate such building as a public nuisance; or 3) demolish or secure the building in accordance with the provisions of this chapter or as provided in the order of the hearing officer. In any action brought by the City to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney fees and costs whether or not the matter proceeds to judgment.

(C) Failure To Commence Work: Whenever the required repair or demolition is not commenced within the time limits prescribed in any final notice and order or decision of the hearing officer issued under this chapter, the following shall apply:

  1. The building official shall cause the building(s) described in such notice and order to be vacated by posting at each entrance to the building and on the front door of each unit in violation a notice reading:

DANGEROUS BUILDING

DO NOT ENTER

UNSAFE TO OCCUPY

This structure is substandard and shall be vacated until certified by the City of Taft Code Enforcement Division. No person shall enter this structure except for the purpose of making required repairs or demolishing the structure. It is a misdemeanor pursuant to Taft City Code Section 1-1-11 to occupy this building or to remove or deface this notice.

IT IS A MISDEMEANOR TO ENTER THIS STRUCTURE OR REMOVE OR DEFACE THIS NOTICE

Signed: City address and phone number

Date:

  1. No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the building official or the housing board shall have been completed.

  2. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions that render the building dangerous as set forth in the notice and order; may cause the building to be secured as set forth in the order; or may cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleaned and filled. Any such repair, demolition or securement work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-19: EXTENSION OF TIME TO PERFORM WORK:

Upon receipt of a building permit application accompanied by the required permit fees from the person required to conform to a final order and an agreement by such person that he or she will comply with the order if allowed additional time, the building official may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation, or demolition, if the building official determines that such an extension of time 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, rehabilitation, or demolition of the building and will not in any way affect or extend the time to appeal a final notice and order or challenge any order of the city council. (Ord. 771-08, 10-7-2008)

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3-4.2-20: INTERFERENCE WITH SECURING OR DEMOLITION WORK PROHIBITED:

It is unlawful and a misdemeanor for any person to 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 secured, vacated or demolished under the provisions of this chapter 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 vacating and repairing, securing or demolishing any such building, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. (Ord. 771-08, 10-7-2008)

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3-4.2-21: CITY ABATEMENT; RECOVERY OF COSTS:

(A) Procedure: When any demolition, securement or other abatement is done or to be done under this chapter by the City, the building official may request city personnel or private contractor(s) to undertake such work. Any and all work to be done by private contract shall be done in compliance with city purchasing requirements.

(B) Costs Of Abatement: The cost of such demolition, securement, or other abatement work and other authorized costs may be recovered by the City as provided in sections 3-4-19 through 3-4-21. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-22: [RESERVED]:

3-4.2-23: ABATEMENT OF IMMEDIATELY DANGEROUS BUILDINGS OR STRUCTURES; EMERGENCY ABATEMENT:

(A) If, in the opinion of the building official, there exists a condition on any building or structure and the building official has found and determined that such building or structure is an "immediately dangerous building or structure" as defined in this chapter, and if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject any persons or property to imminent threat, hazard, or danger, the building official, without observing the procedures set forth in this chapter may cause the abatement of the condition in such manner as the building official determines is reasonably required. Such abatement may include demolition, securing, fencing, and vacating the building or structure. If the building official deems it feasible, the building official shall attempt to give the owner and any occupants verbal notice of the existence of the condition, and the proposed timing and method of abatement thereof. The building official shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the condition was located, the place or area upon which the condition was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in subsection 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated condition. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction.

(B) The city attorney's office or its authorized representative may have the opportunity to review and advise regarding the undertaking of any summary abatement, prior to the commencement of any summary abatement.

(C) The cost of summary abatement including all administrative costs of any action taken under this chapter may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in this chapter. (Ord. 771-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

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3-4.2-24: JUDICIAL AND OTHER REMEDIES:

All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law. (Ord. 852-23, 7-18-2023)

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