§ 10-63. Dangerous building.  


Latest version.
  • Any building or structure which has defects or conditions, where such condition or defect, as described by one (1) or more of the following, endanger the life, health, property or safety of the public or its occupants:

    (1)

    When any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or does not provide safe and adequate means of exit in case of fire or panic;

    (2)

    When the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise unsafe so that it would not provide safe and adequate means of exit in case of fire or panic;

    (3)

    When the stress on any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;

    (4)

    When any portion 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 building code for a newly constructed building of like area, height and occupancy;

    (5)

    When any portion or member or appurtenance is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

    (6)

    When any portion of the building, appurtenance or ornamentation on its exterior is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one and one-half (1½) of that specified in the building code for a newly constructed building of like area, height and occupancy, without exceeding the working stresses permitted in the building code for such buildings;

    (7)

    When any portion 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;

    (8)

    When the building or any portion thereof is likely to partially or completely collapse because of:

    a.

    Dilapidation, deterioration or decay;

    b.

    Faulty construction;

    c.

    The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

    d.

    The deterioration, decay or inadequacy of its foundation; or

    e.

    Any other cause;

    (9)

    When, for any reason, the building or any portion thereof is manifestly unsafe for the purpose for which it is being used;

    (10)

    When exterior walls are not anchored to supporting or supported elements or are not plumb and free of holes, cracks, breaks, loose and rotting materials, or are not properly anchored or capable of supporting all nominal loads and resisting all load effects;

    (11)

    If the building was constructed or is maintained in violation of the building code, or of any state law or ordinance relating to the condition, location or structure of buildings;

    (12)

    If the building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the building official, fire marshal or his/her designee to be a fire hazard;

    (12)

    When any portion of a vacant or abandoned 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 or abandoned for a period in excess of forty-five (45) days so as to constitute such building or portion thereof an attractive nuisance or hazard to the public;

    (13)

    When the building or its curtilage contains accumulations of litter; refuse; garbage; rubbish; junk; animal carcasses; decaying flesh, fish, fowls or vegetables; stagnant water or other stagnant liquid; flammable liquids; slops; trash; or other deposits or substances, which are unwholesome, filthy, unsightly, offensive or unsanitary; likely to create or engender disease; likely to harbor insects or rodents; or likely to pollute storm water;

    (14)

    When a building which is partially constructed has not had any significant construction work done on it in the preceding six (6) months, and it is not secured by a fence or other means to prevent children and vagrants from entering the building; or

    (15)

    When a building which is partially constructed has not had any significant construction work done on it in the preceding six (6) months and all building materials and construction equipment and tools have neither been removed from the construction site nor secured at the site to prevent their use by children or other unauthorized individuals; their theft; their deterioration; their vandalism; or their harborage of rodents or insects.

(Ord. No. 11-027, § 2, 4-14-11; Ord. No. 17-077, § 2, 12-14-17 )

Editor's note

Ord. No. 17-077, § 2, adopted December 14, 2017 , repealed and replaced § 10-63, in its entirety. Former § 10-63 pertained to "Hearing," and was derived from Ord. No. 11-027, § 2, adopted April 14, 2011.