§ 17.12.042. Unsafe structures.  


Latest version.
  • A.

    An unsafe structure is a structure, or part of a structure, that in the opinion of the Director of the Department of Planning and Zoning, or his or her designee, is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or which by reason of illegal or improper use, occupancy or maintenance, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

    B.

    An unsafe structure shall be razed or abated by the owner within seventy-two hours after notice to do so has been given to the owner by the Director. The owner is required to apply for a building permit as per Section 17.12.022(C). if the owner, within seventy-two hours after receipt of the notice, has not razed the unsafe structure, or otherwise abated the nuisance, the owner is guilty of a municipal infraction and is subject to a fine as established by resolution of the City Council, and the nuisance shall be abated by the Director or his or her designee at the expense of the owner.

    C.

    Whenever in the judgment of the Director of Planning and Zoning, or his or her designee, an emergency exists which requires immediate action to protect the public safety or welfare, an order may be issued without notice, conference or hearing, directing the owner, occupant, operator, agent or licensee to take whatever action is appropriate to correct or abate the emergency. If circumstances warrant, the Director or his or her designee may act to correct or abate the emergency. The Director or his or her designee may in the interest of safety disconnect water, gas, and electric service to the building or structure.

    D.

    All costs incurred for the emergency action or abatement shall be recovered from the owner in the form of a lien on the property and collectible in the same manner as delinquent taxes.

    (Ord. O-5-04 § 1 (part), 2004: Ord. O-26-03 § 1 (part): Ord. O-38-01 § 1 (part): Ord. O-37-90 § 1: Ord. O-5-88 § 1 (part))

(Ord. No. O-21-10 Amended, § I, 11-8-2010; Ord. No. O-23-12, § I, 7-23-2012; Ord. No. O-12-16 Amended, § I, 5-23-2016)