HomeMy WebLinkAbout0354 Substandard Buildings 1991CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 354
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER
8.32 TO THE CHUBBUCK MUNICIPAL CODE TO DEFINE SUBSTANDARD
BUILDINGS AND STRUCTURES AND TO PROVIDE FOR THE ABATEMENT OF
SUCH STRUCTURES; REPEALING PRIOR CONFLICTING ORDINANCES;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Within the City of Chubbuck there
exist buildings and structures which are dilapidated, unsafe,
dangerous, unsanitary and used for illegal purposes and are a
menace to the health, safety and welfare of the people of this
City, and which are a public nuisance. The City declares every
substandard building or structure as herein defined to be a
public nuisance and subject to repair, vacation or demolition to
abate such nuisance as herein provided in order to protect the
health, safety and welfare of the occupants and the public.
Section 2. Chapter 8.32. There shall be added to the
Chubbuck Municipal Code, the following Chapter 8.32:
Chapter 8.32
SUBSTANDARD BUILDINGS AND STRUCTURES
Section 8.32.010. Definitions.
(a) For the purpose of this Chapter, the following
buildings or structures shall be deemed "substandard":
1. Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity
falls outside of the middle third of its base.
2. Those which, exclusive of the foundation, show
thirty-three (33) percent or more of damage or deterioration
of the supporting member or members, or fifty (50) percent
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of damage or deterioration of the non-supporting enclosing
or outside walls or covering.
3. Those which have floors or roofs which are
overloaded, have improperly distributed loads or have
insufficient strength to be reasonably safe for the purpose
used.
4. Those which have been damaged by fire, wind or
other causes so as to have become dangerous to life, health,
safety or welfare of the occupants or the public.
5. Those which are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so
as to endanger the health, safety or welfare of the
occupants.
6. Those having light, air and sanitation facilities
which are inadequate to protect the health, safety or
welfare of the occupants.
7. Those having inadequate stairways, elevators, fire
escapes or other means of egress in case of emergency.
8. Those having any piece, part or attachment so
insecurely fixed as to be in danger of falling or being
dislodged by the elements and injuring persons or property.
9. Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, safety or
welfare of the public.
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10. Those existing in violation of any provisions of
the building code, fire code or other ordinances of this
City.
11. Any swimming pool, septic tank or other in-ground
structure which endangers the health, safety or welfare of
the public.
b. For the purpose of this ordinance, the term "party (or
parties) concerned: shall mean the owner, occupant, lessor,
lessee, mortgagee, agent and all other persons having an interest
in a building or structure as shown by the land records of the
Bannock County Clerk and Recorder.
Section 8.32.020. Standards for Repair, Vacation or Demolition.
The Building Official shall use the following standards in
ordering the abatement of a public nuisance by repair, vacation
or demolition of substandard buildings and structures:
a. If the building or structure can reasonably be repaired
so that it will no longer exist in violation of the terms of this
ordinance, it shall be ordered repaired. An order to repair may
include a requirement to close and secure any or all exterior
openings.
b. If the building or structure is in such condition as to
make it dangerous to the health, safety or welfare of its
occupants, or if deemed necessary for the abatement of the
nuisance, it shall be ordered vacated.
c. If the building or structure is damaged, decayed or
deteriorated to such a degree that it is not feasible to repair
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such building or it is not structurally safe, the building or
structure, or any portion thereof, shall be ordered demolished.
Section 8.32.030 Buildinq Official. The Building Official or
his designee may:
a. Inspect any building or structure for the purpose of
determining whether conditions exist which render such place
substandard within the terms of Section 8.32.010. Cause for
inspection may be based on any of the following:
1. A complaint filed by any person.
2. A departmental report made pursuant to Section
8.32.050.
3. General information or knowledge about the
building or structure.
b. Provide written notice, sent by certified mail, to all
parties concerned of any building or structure found to be
substandard. Such notice shall contain the following:
1. The street address and legal description of the
property on which the building or structure is located.
2. A description of the building or structure deemed
substandard.
3. A statement of the particulars in which the
building or structure is substandard.
4. An order requiring abatement of the public
nuisance within the standards set forth in Section 8.32.020
within a reasonable time period not to exceed thirty (30)
days.
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5. A statement that the City shall have the right to
abate the public nuisance as provided by this ordinance
without further notice if the order is not complied with
within the required time period.
6. A statement that failure to comply with the order
subjects the party concerned to the penalties provided in
Section 8.32.070.
7. A statement of the right to request a hearing
before the Mayor and Council. The filing of a request for a
hearing stays all proceedings except emergency action under
Section 8.32.060. A written request for a hearing must be
filed within thirty (30) days of receipt of notification
from the Building Official as provided herein.
c. Report to the Mayor any non-compliance with an order
issued pursuant to Section 8.32.040.
d. Appear at all hearings conducted by the Mayor and
Council provided in Section 8.32.040 and testify as to the
condition of substandard buildings and structures.
e. Post a notice on any building or structure found to be
substandard indicating that it has been so found, that the notice
shall remain posted until the nuisance has been abated, and any
additional information and warnings deemed necessary.
Section 8.32.040. Mayor and Council. The Mayor and Council or
their designees shall:
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a. Upon timely receipt of a request for a hearing, give
written notice to the parties concerned of the time and place of
the hearing.
b. Hold a hearing and hear all competent testimony offered
by the Building Official and any party concerned relative to the
substandard building or structure.
c. Make written findings of fact as to whether or not the
building or structure in question is substandard within the terms
of Section 8.32.010.
d. If the building or structure is found to be substandard
and a public nuisance, issue an order directing the appropriate
party or parties concerned to abate the nuisance by repair,
vacation or demolition of the building or structure, as the facts
may warrant under the standards provided in Section 8.32.020,
within a reasonable time not to exceed thirty (30) days.
e. If the party or parties concerned fail(s) to comply
with the order provided herein, cause such building or structure
to be repaired, vacated or demolished as the facts may warrant
under the standards provided in Section 8.32.020.
f. Cause the cost of such work performed by the City to be
charged as a tax lien against the real property upon which the
nuisance was abated.
Section 8.32.050. Duties of City Departments. The police
department, fire department or any other city department may make
a written report to the Building Official of any building or
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structure which is or may be substandard within the terms of
Section 8.32.010.
Section 8.32.060. Emergencies. Where it reasonably appears that
immediate action to repair, vacate or demolish a substandard
building or structure is necessary to protect life or property,
the Mayor may cause such immediate repair, vacation or demolition
and charge the costs to the property as provided in Section
8.32.040.
Section 8.32.070. Penalties. A party concerned who violates any
provision of this ordinance by failure to comply with any notice
or order authorized herein or by removal, destruction or
defacement of a notice posted as provided by Section 8.32.020
shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than Three Hundred
Dollars ($300) or imprisonment of not more than ten (10) days, or
by both such fine and imprisonment. Each day such violation
continues shall constitute a separate offense. Nothing in this
ordinance shall preclude the city attorney from enforcing city
ordinances or abating public nuisances in any other manner
provided by law and by the Chubbuck Municipal Code.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
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conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict; provided, however, any
ordinance that supplements or duplicates the provisions of this
ordinance is not repealed.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this
ATTEST:
CITY CLERK
10th.day of APRIL
, 1991.
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SUMMARY OF ORDINANCE 354
An ordinance of the City of Chubbuck, a municipal
corporation, of the State of Idaho, adding Chapter 8.32 to the
Chubbuck Municipal Code to define substandard buildings and
structures and to provide for the abatement of such structures;
providing that a substandard building is one whose interior walls
or other vertical structural members lean to an extent that a
plumb line passing though the center of gravity falls outside of
the middle third of its base; further providing that 33% or more~
of damage or deterioration of the supporting member or members,
or 50% of damage or deterioration of the non-supporting outside
walls or covering are substandard as well as those structures
will overloaded floors and roofs, improperly distributed loads,
structures that have been damaged by fire or the elements due to
the extent they are dangerous, structures that are unfit for
habitation or have inadequate light, air or sanitation
facilities, inadequate stairways or fire escapes or which have
portions of the building that are in danger of falling or being
dislodged by the elements and those which are generally unsafe,
unsanitary or dangerous. The ordinance further defines persons
having an interest in the building, sets standards for the
repair, vacation or demolition of substandard buildings, defines
the duties of the building official; defines the form of written
notice that is to be provided to a party who owns or has an
interest in any substandard building, provides for a request for
a hearing before the Mayor and the Council of the City of
Chubbuck, provides the structure for a hearing before the Mayor
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and the Council, provides for the filing of a written report by
various city departments with the building official to give
notice to the building official of structures which may be
substandard within the meaning of the ordinance; provides for
immediate action with respect to a substandard building or
structure if there is an emergency; providing for violation of
the ordinance to be a misdemeanor, providing for a maximum fine
of not more than $300 or maximum imprisonment of not more than 10
days or both and further providing that each day of a violation
constitutes a separate offense, providing for administrative
provisions repealing conflicting ordinances of the City of
Chubbuck, but not repealing ordinances which merely supplement or
duplicate the provisions of this ordinance, providing that if any
provision of this ordinance is held invalid, the holding will not
affect the enforceability of such other remaining provisions and
further waiving the requirement that an ordinance be read on
three separate days and providing that the ordinance shall become
effective upon passage, approval and publication as provided by
law.
The full text of this ordinance is available at the City
Clerk's office, Chubbuck City Municipal Building, 5160
Yellowstone Avenue, Chubbuck, Idaho.
I have reviewed the foregoing summary and believe it
provides a true and complete summary of Ordinance No. 354 and
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that the summary provides adequate notice to the public of the
contents of this ordinance.
DATED this ~" day of May, 1991. ~"·
<' Chubbuck ey
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