§ 6-153. Dangerous structures.

(a)

Prohibited. Any structure, or portion thereof, which has any of the conditions described in this section to the extent that life, health, property, or safety of the public or persons are endangered, shall be deemed to be a dangerous structure, declared a nuisance and such conditions or defects shall be abated pursuant to section 6-193.

(b)

High loads. Whenever any material, member or portion of a structure is not able to support the structure's constant weight (dead load) and/or the items stored within the structure (live load).

(c)

Weakened or unstable structural members or appendages. Whenever any portion of a structure including parapet walls, appendages, cornices, spires, towers, tanks, statuaries or other appendages or members which are supported by, attached to, or part of a structure are in a deteriorated condition or otherwise unable to sustain their loads.

(d)

Buckled or leaning walls or structural members. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(e)

Vulnerability to earthquakes, high winds.

(1)

Whenever any portion of a structure have walls or other structural portions that are materially less resistant to winds or earthquakes than is required in similar new construction; or

(2)

Whenever any portion of a structure, or any member, appurtenance, or ornamentation on 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 of that specified for a new similar structure purpose or location.

(f)

Insufficient strength or fire resistance. Whenever any structure:

(1)

Has any non-supporting part, member, or portion, with less than 50 percent of the strength or the fire-resisting qualities or characteristics for a newly constructed structure of like area, height, and occupancy in the same location; or

(2)

Has any supporting part, member, or portion with less than 66 percent of the strength or the fire-resisting qualities or characteristics of a newly constructed structure of like area, height, and occupancy in the same location.

(g)

Risk of failure or collapse.

(1)

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

(2)

Whenever the structure, or any portion thereof, is likely to partially or completely collapse as a result of any cause, including but not limited to:

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 structure; or

d.

The deterioration, decay, or inadequacy of its foundation.

(h)

Excessive damage or deterioration. Whenever the structure exclusive of the foundation:

(1)

Shows 33 percent or more damage or deterioration of any supporting member or members;

(2)

Shows 50 percent damage or deterioration of its non-supporting members; or

(3)

Shows 50 percent damage or deterioration of its enclosing, or outside wall coverings.

(i)

Demolition remnants on-site. Whenever any portion of a structure, including unfilled excavations, remain on a site for more than 30 days after the demolition or destruction of the structure.

(j)

Fire hazard. Whenever any structure is a fire hazard as a result of any cause, including but not limited to: dilapidated condition, deterioration, or damage; inadequate exits; lack of sufficient fire-resistive construction; or faulty electric wiring, gas connections, or heating apparatus.

(k)

Other hazards to health, safety, or public welfare.

(1)

Whenever, for any reason, the structure or any portion thereof is manifestly unsafe for the purpose for which it is lawfully constructed or currently is being used; or

(2)

Whenever a structure is structurally unsafe or is otherwise hazardous to human life, including but not limited to whenever a structure constitutes a hazard to health, safety, or public welfare by reason of inadequate maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard, disaster, damage, or abandonment.

(l)

Public nuisance.

(1)

Whenever any structure is in such a condition as to constitute a nuisance known to the city; or

(2)

Whenever the structure has become so dilapidated or deteriorated as to become:

a.

An attractive nuisance as referred to in IMC 14-100; or

b.

A harbor for vagrants, criminals or other persons that have no legal affiliation with the property.

c.

A harborage for nuisance wildlife or other infestations.

(m)

Violations of codes, laws. Whenever any structure is maintained in violation of any specific requirement applicable to such structure provided by this article, or any law of this city.

(Ord. No. 1533, § 1(Exh. A), 8-12-2014)