§ 17-181. Conditions or defects constituting dangerous structure.  


Latest version.
  • (a)

    For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building or structure and a public nuisance, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered, as defined by this chapter or state law.

    (1)

    Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, as defined in section 17-173, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

    (2)

    Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

    (3)

    Whenever any portion thereof 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 before such catastrophe and is less than the minimum requirements of the building code for buildings of similar structure, purpose or location.

    (4)

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

    (5)

    Whenever any portion of a building or structure, or any member, appurtenance or ornamentation of the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (½) of that specified in the building code for such buildings or structures.

    (6)

    Whenever any portion thereof 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 construction.

    (7)

    Whenever the building or structure, or any portion thereof is likely to partially or completely collapse because of:

    (i)

    Dilapidation, deterioration or decay;

    (ii)

    Faulty construction;

    (iii)

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

    (iv)

    The deterioration, decay or inadequacy of its foundation; or

    (v)

    Any other cause.

    (8)

    Whenever, for any reason, the building or structure, or any portion thereof, is unsafe for the purpose for which it is being used.

    (9)

    Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

    (i)

    An attractive nuisance to children;

    (ii)

    A harbor for vagrants, criminals; or

    (iii)

    Enables persons to resort thereto for the purpose of committing unlawful acts.

    (10)

    Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

    (11)

    Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the code official to be unsanitary, unfit for human occupancy or in such a condition that is likely to cause sickness or disease.

    (12)

    Whenever any building or structure, because of dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electrical wiring, gas connections or heating apparatus, or other cause, is determined by the code official to be a fire hazard.

    (13)

    Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

    (14)

    Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or structure or portion thereof an attractive nuisance or hazard to the public.

    (15)

    Whenever any building or structure that is boarded up, fenced or otherwise secured in any manner may, nevertheless, be deemed to be a dangerous building or structure under the foregoing criteria:

    (i)

    The building or structure constitutes a danger to the public, even though secured from entry; or

    (ii)

    It is found that the means utilized to secure the building or structure are not adequate to prevent unauthorized entry of the building or structure in contravention of subsection (a)(10) above.

    (16)

    Any building or portion thereof, or the premises on which the same is located, in which there exists any condition or defect prohibited by, or inferior to the minimum standards defined in division 2, to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof.

(Ord. No. 2010-132, § 1, 5-11-10)