For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. The Administrative Officer of the Department.
HEARING AUTHORITY. The person or persons designated as such. The Board shall be comprised of five members, one representative from each of the four Contractor's Licensing Boards. They are the General Contractor's Board, Electrical Board, Plumber's Board, the Heating, Ventilating, and Air-Conditioning Board, and a member appointed by the County Council, subject to approval of the Board of Commissioners.
ORDER. Any written directive issued by the Unsafe Building Department in accordance with § 155.20. PERSON. Any entity capable of holding an interest in real estate, including, by way of an example but not of limitation, individuals and corporations.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate, a future interest, a present possessor interest, or an equitable interest of a contract purchaser. In a consolidated city, the interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not a substantial property interest unless the deed, lease, license, mortgage, land sale contract, lien, or evidence of it is:
(1) Recorded in the Office of the County Recorder; and
(2) The subject of a written information that is received by the Division of Code Enforcement and includes the name and the address of the holder of the interest described.
UNSAFE BUILDING DEPARTMENT. The County Planning, Zoning, and Building Department.
UNSAFE, DANGEROUS BUILDING.
(1) For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe dangerous building, provided that such conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered.
(2) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size or is so arranged as to provide safe and adequate means of exit in case of fire or panic.
(3) 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.
(4) Whenever, the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for any new buildings of similar structure, purpose or location.
(5) 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 it was before the catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose, or location.
(6) Whenever, any portion or member or appurtenance thereof is likely to fall, or become detached or dislodged, or to collapse and thereby injure persons or damage property.
(7) Whenever, any portion of a building, 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 in the Building Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Building Code for the buildings.
(8) 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 that is required in the case of similar new construction.
(9) Whenever, the building or structure, or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal movement or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay, or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse.
(10) Whenever for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(11) 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 of the middle one-third of the base.
(12) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(13) Whenever the building or structure has been so damaged by fire, wind, or earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral person; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(14) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of the county, as specified in the Building Code, or of any law or ordinance of the state or county, relating to the condition, location, or structure of buildings.
(15) Whenever any building or structure which, whether or not erected in accordance with applicable laws and ordinances, has in any nonsupporting part member or portion less than 50%, or in any supporting part, member or portion less than 66% of the strength, fire-resisting quality or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.
(16) 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 sanitary facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
(17) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electrical wiring, gas connections or heating apparatus, or other causes, is determined by the Fire Marshal to be a fire hazard.
(18) 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.
(19) 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 months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
UNSAFE PREMISES. Any unsafe building or a tract of real estate on which an unsafe building or structure is located.
(Prior Code, § 155.05) (Ord. 1012A, passed 8-13-1985)
