Chapter 8.10
Abatement of Dangerous Buildings
Sections:
8.10.060 Notice of Council action.
8.10.010 Definitions.
For the purposes of this chapter, the following terms shall mean:
Dangerous Building.
1. Any structure or portion thereof which, because of damage, structural weakness or deterioration, dilapidation by reason of age, or for lack or want of maintenance or proper repair, is structurally unsound, thereby endangering other properties or human life because of a possibility of its partial or entire collapse.
2. Any structure or portion thereof which, because of the deterioration, improper installation, damage or want of proper maintenance and repair of or to wiring or electrical equipment, plumbing and sewage disposal systems, gas connections, heating apparatuses, chimneys, or for any other cause or reason, is liable to cause fire, electrical shock or asphyxiation.
3. Any structure or portion thereof containing any combustible or explosive material, rubbish, rags, wastes, oils, gasoline or flammable substances of any kind, liable to cause fire or damage to property or human life, which is not maintained in accordance with law.
4. Any structure or portion thereof which is in a filthy or unsanitary condition, such as by accumulations of garbage, animal or human waste, or decaying animal or vegetable matter, so as to attract rodents or be unhealthful and liable to cause a spread of contagious or infectious disease.
“Person” means every natural person, firm, partnership, association or corporation.
“Person in charge of property” means any agent, occupant, lessee, tenant, contract purchaser, owner, or any other person having the possession or control of a structure, or the supervision of any construction project. [Ord. 538 § 1, 1981; 1981 Compilation § 7-1.1.]
8.10.020 Nuisance declared.
Every structure which is found by the Council to be a dangerous building is hereby declared to be a public nuisance and may be abated either summarily, by the hearing procedures specified in this chapter or by a suit for abatement brought by the City. [Ord. 538 § 2, 1981; 1981 Compilation § 7-1.2.]
8.10.030 Initial action.
When a City official determines that a dangerous building may exist, the official shall report its possible existence and the reasons for his conclusion to the City Council. The Council shall, within a reasonable time following the report, fix a time and place for a public hearing. [Ord. 538 § 3, 1981; 1981 Compilation § 7-1.3.]
8.10.040 Notice of hearing.
A. The City Recorder shall mail notice of the time and place of the hearing to the owner of the structure, to the owner of the property on which the structure is situated, if not the same person, and to any person in charge of property. The notice shall state:
1. That a hearing will be held to determine whether the structure is a dangerous building;
2. The reasons why the City official believes that the structure may be a dangerous building; and
3. The time and place of the hearing.
B. The notice shall be mailed not less than 10 days prior to the date set for hearing.
C. A copy of the notice shall be posted at or upon each exit of the structure.
D. Ten days’ prior notice of the hearing shall either be published in a newspaper of general circulation in the City or posted in three public places in the City. [Ord. 538 § 4, 1981; 1981 Compilation § 7-1.4.]
8.10.050 Hearing.
A. At the hearing, the owners, the persons in charge of property and other persons interested in the matter shall have a right to be heard.
B. The Council may inspect the structure and may consider its observations in determining whether the structure is a dangerous building.
C. If the Council determines that the structure is a dangerous building, the Council may by resolution:
1. Order the dangerous building to be abated; or
2. Order the dangerous building to be made safe within a time set by the Council and prescribe what must be done to make it safe. [Ord. 538 § 5, 1981; 1981 Compilation § 7-1.5.]
8.10.060 Notice of Council action.
Copies of the Council’s findings and of its resolution shall be mailed to the owner of the dangerous building, the owner of the property on which the dangerous building is situated, if not the same person, and to any person in charge of property. If the order is not obeyed or the dangerous building made safe within a time specified in the order (being not less than five days), the Council may order the dangerous building demolished or made safe at the expense of the property on which it is situated. [Ord. 538 § 6, 1981; 1981 Compilation § 7-1.6.]
8.10.070 Abatement by City.
A. If the Council order is not obeyed within the time prescribed, the Council may:
1. Specify the work to be done;
2. File a statement thereof with the City Recorder; and
3. Advertise for bids for doing the work in the manner provided for advertising for bids for street improvement work.
B. Bids shall be received, opened and the contract let. [Ord. 538 § 7, 1981; 1981 Compilation § 7-1.7.]
8.10.080 Assessment.
A. The Council shall determine the final cost of the work and assess the cost against the property upon which the dangerous building is situated. The assessment shall be declared by resolution, shall be entered in the docket of City liens and shall become a lien against the property.
B. The creation of the lien and its collection and enforcement shall be performed in substantially the same manner as assessments for street improvements. [Ord. 538 § 8, 1981; 1981 Compilation § 7-1.8.]
8.10.090 Summary abatement.
The procedures of this chapter need not be followed if a structure is unmistakably a dangerous building and imminently endangers human life or property. In such instances, the Fire Chief, the Fire Marshal or the Chief of Police may summarily demolish the structure. [Ord. 538 § 9, 1981; 1981 Compilation § 7-1.9.]
8.10.100 Errors in procedure.
Failures to conform to the requirements of this chapter that do not substantially affect a legal right of a person do not invalidate a proceeding under this chapter. [Ord. 538 § 10, 1981; 1981 Compilation § 7-1.10.]
8.10.110 Duties prescribed.
No person shall remain in or enter any dangerous building, except that entry may be made to repair, demolish or remove the structure under permit. No person shall remove or deface any posted dangerous building notice until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the State Building Code. No person in charge of property shall allow a dangerous building to remain dangerous for longer than 10 days following receipt of the notice specified in BMC 8.10.060. [Ord. 538 § 11, 1981; 1981 Compilation § 7-1.11.]
8.10.120 Penalty.
Persons who violate a provision of BMC 8.10.110 may be fined not more than $100.00, or imprisoned not more than 25 days, or both. [Ord. 538 § 12, 1981; 1981 Compilation § 7-1.12.]