Chapter 16.25
UNSAFE/DILAPIDATED STRUCTURES AND EQUIPMENT
Sections:
16.25.040 Structures unfit for human occupancy.
16.25.050 Unsecured vacant buildings or structures.
16.25.060 Closing of vacant buildings or structures.
16.25.010 General.
Buildings, structures or equipment that are or hereafter become so deteriorated, damaged, dilapidated, or in need of repair so as to present a threat to the health, safety and welfare of the community constitute a nuisance and shall be abated by repair, rehabilitation or demolition as provided in this title or other applicable law, code, ordinance or regulation. (Ord. 19-16 § 2, 2019)
16.25.020 Unsafe structures.
It is unlawful to maintain an unsafe structure that is found to be dangerous to life, health or property by not providing minimum safeguards to protect or warn occupants in the event of a fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible. (Ord. 19-16 § 2, 2019)
16.25.030 Unsafe equipment.
It is unlawful to maintain unsafe equipment that includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health or property. (Ord. 19-16 § 2, 2019)
16.25.040 Structures unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this title, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (Ord. 19-16 § 2, 2019)
16.25.050 Unsecured vacant buildings or structures.
Unsecured vacant buildings or structures are unlawful and are prohibited by this chapter. The following requirements shall apply to all vacant and unsecured buildings or structures, regardless of whether the building or structure is surrounded in whole or in part by a fence or wall or not:
A. Duty to Clean, Secure and Prohibit Trespass. The owner or responsible person of a vacant building or structure shall remove any accumulation of weeds, combustible waste, or refuse from the interior of a building or structure and the surrounding yards and shall secure all doors, windows and other openings to prevent unauthorized entry. No vacant building or structure shall be allowed to be used for storage. The owner or responsible person shall post both the structure and premises with signs to provide conspicuous and reasonable notice prohibiting entry (i.e., “No Trespassing” signs).
B. Reinspection of Secured Buildings and Structures. The code official shall periodically reinspect a building or structure that was cleaned or secured pursuant to an administrative or judicial order to ensure continued compliance with the order and this title. The code official may assess a reinspection fee for actual costs of each inspection in those instances where the building or structure is again found to be vacant and unsecured or in need of debris or weed removal.
C. Abatement of Unsecured Vacant Buildings or Structures. When ordered abated, an unsecured vacant building or structure shall be cleaned and secured as follows:
1. All accumulated refuse or stored materials that pose a fire, safety or health hazard within or upon the property or premises shall be removed; and
2. All unsecured doorways, windows, or exterior openings shall be barricaded in accordance with standards established by the code official, which shall be kept on file with the town clerk, and in accordance with Section 16.20.030(D).
3. Both the structure and the exterior premises shall be posted with signs that provide reasonable notice prohibiting entry (i.e., “No Trespassing” signs). (Ord. 19-16 § 2, 2019)
16.25.060 Closing of vacant buildings or structures.
If a building or structure is vacant and determined to be unfit for human habitation or occupancy, but is not in danger of structural collapse, the code official is authorized to post a placard and/or condemnation on the premises and to order the structure be closed up as to not be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the costs thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any available legal resource.
A. Notice. Whenever the code official has condemned a building, structure or equipment under the provisions of this section, notice shall be provided in accordance with Section 16.50.060.
B. Placarding. Upon failure of the owner or responsible person to comply with the notice provisions within the given time, the code official shall post on the premises, building, structure or on defective equipment a placard bearing the words “CONDEMNED” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
C. Placard Removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. It is unlawful for any person, other than a code official, to remove the condemnation placard.
D. Prohibited Occupancy. Any occupied building or structure condemned and placarded by the code official shall be vacated as ordered by the code official. It shall be unlawful for any person to occupy a placarded building or structure. Any person who shall occupy a placarded building or structure or who shall let anyone occupy a placarded building or structure or operate placarded equipment shall be subject to the citations and/or penalties as provided for in Section 16.50.090. (Ord. 19-16 § 2, 2019)
16.25.070 Emergency measures.
A. Imminent Danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in close proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice to read as follows:
THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY ORDER OF THE CODE OFFICIAL.
It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same structure.
B. Temporary Safeguards. Whenever in the opinion of the code official there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
C. Closing Streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being utilized.
D. Emergency Repairs. For the purpose of this section, the code official shall employ the necessary labor and materials to perform the required repair work as expeditiously as possible.
E. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Huachuca City magistrate, be afforded a hearing pursuant to provisions of the magistrate court. (Ord. 19-16 § 2, 2019)
16.25.080 Demolition.
The code official shall order the owner of any premises upon which is located any building or structure, which in the code official’s judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the building or structure, to demolish and remove such building or structure; or, if such building or structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any building or structure for a period of more than two years, to demolish and remove such building or structure. (Ord. 19-16 § 2, 2019)