§ 18-96. Standards for determining unfitness for habitation.

(a)

The public officer may determine, under existing ordinances, that dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial or business use if he/she finds that conditions exist in such building, dwelling or structure that are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, building or structure; of the occupants of neighborhood dwellings, buildings or structures; or of other residents of the city. Such conditions include the following (without limiting the generality of the foregoing):

(1)

Defects therein increasing the hazards of fire, accidents or other calamities;

(2)

Lack of adequate ventilation, light or sanitary facilities;

(3)

Dilapidation;

(4)

Disrepair;

(5)

Structural defects;

(6)

Uncleanliness; or

(7)

Other additional standards that may from time to time be adopted and referenced herein by ordinance amendment.

(b)

The public officer may determine, under existing ordinances, that a dwelling, building or structure is vacant, dilapidated and being used in connection with the commission of drug crimes based upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

(c)

A structure or portion of a structure that has been damaged by natural disaster or fire may, at the discretion of the fire marshal or building official be declared a nuisance and/or unsafe. Structures that have been damaged by fire or have remained in a partially demolished condition prior to the enactment of this chapter, shall upon being declared a nuisance, be subject to the provisions of this section. Continued occupancy of undamaged areas shall be at the discretion of the fire marshal and building official.

(1)

All structures damaged by fire or natural disaster shall be secured from unauthorized entry in a manner approved by the fire marshal and building official within 72 hours after the incident. The securing of structures shall be the responsibility of all legally interested parties.

a.

The fire marshal and building official shall hereby be empowered to set standards for securing damaged structures specific to each circumstance. Standards shall be, at minimum, consistent with generally accepted practices as established by the adopted building code(s).

b.

Any legally interested party who fails to comply shall be guilty of a misdemeanor. Each such person, firm, corporation, owner, agent or tenant shall be considered guilty of a separate offense for each and every day or portion thereof during which the violation is continued, and upon conviction of any such violation such person shall be punished pursuant to the penalties set forth in chapter 1, section 1-12, as well as abatement pursuant to section 18-20, abatement of violation.

c.

Any person ordered to take such emergency measures shall comply with such order immediately. Any affected person shall thereafter, upon petition, within ten days, directed to the director of planning, zoning, and economic development, be afforded a hearing as described in the Code.

(2)

Upon submittal of a completed fire marshal investigative incident report to the city building safety division, a summons may be issued to all legally interested parties within 60 days. A hearing may be scheduled no less than 15 days and no more than 45 days after the creation date of the summons.

(3)

The court shall establish compliance deadlines not to exceed the timelines established herein unless special conditions warrant. Special conditions shall not be solely based upon the financial status of the property owner.

(4)

The owner shall submit to the city a notarized letter of intent within 30 days of the date of the hearing for either the complete demolition, or partial demolition and reconstruction of the structure.

(5)

Within 30 days of the date of the hearing, a performance bond shall be provided to the city for the complete demolition of the structure. The building official shall be authorized to establish criteria for the valuation of all demolition activities. The complete demolition bond shall be required for all levels of damage.

a.

All demolition shall be completed within a maximum of 120 days of the hearing.

b.

Reconstruction of partially demolished structures shall commence within 120 days of demolition or be subject to complete demolition by the city.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 ; Ord. No. 3-A-2015 , § 1(Exh. A), 4-27-15)