Chapter 16.30
ABATEMENT OF DANGEROUS BUILDINGS – ENFORCEMENT

Sections:

16.30.010    General.

16.30.020    Abatement of dangerous buildings.

16.30.030    Violations.

16.30.040    Inspection of work.

16.30.050    Board of appeals.

16.30.010 General.

(a)    Administration. The director of public works is hereby authorized to enforce the provisions of this code.

The director of public works shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

(b)    Inspections. The director of public works, or designee, is hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.

(c)    Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the director of public works or the director’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the director of public works may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises to be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, or if entry is denied, the director of public works shall have recourse to the remedies provided by law to secure entry.

“Authorized representative” shall include the officers named in subsection (b) of this section and their authorized inspection personnel. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.20.010.]

16.30.020 Abatement of dangerous buildings.

All buildings or portions thereof which are determined after inspection by the director of public works to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in KGBC 16.15.010. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.20.020.]

16.30.030 Violations.

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. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.20.030.]

16.30.040 Inspection of work.

All buildings or structures within the scope of this code shall be subject to inspection by the director of public works in accordance with and in the manner provided by this code and sections 108 and 17501 of the building code. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.20.040.]

16.30.050 Board of appeals.

(a)    General. In order to hear and decide appeals of orders, decisions or determinations made by the director of public works relative to the application and interpretations of this code, there shall be and is hereby created a board of building appeals consisting of three (3) members appointed by the borough mayor and confirmed by the borough assembly. One (1) member shall be an architect or engineer, one (1) member shall be a licensed building contractor, and the third member shall be undesignated. The board of building appeals shall follow the general procedures for administrative hearings set out in Chapter 2.115 KGBC, but the specific procedures set out in this chapter shall prevail over any inconsistent provision in Chapter 2.115 KGBC. The board of building appeals shall render all decisions and findings in writing to the appellant, with a duplicate copy to the director of public works and the borough clerk. Appeals to the board of building appeals shall be processed in accordance with the provisions contained in Chapter 16.35 KGBC.

(b)    Limitations of Authority. The board of building appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board of building appeals be empowered to waive requirements of this code. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.20.050.]