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0354 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 Ordinance - Page 1 dsc chbbck03.216 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. Ordinance - Page 2 dsc chbbck03.216 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 Ordinance - Page 3 dsc chbbck03.216 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. Ordinance - Page 4 dsc chbbck03.216 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: Ordinance - Page 5 dsc chbbck03.216 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 Ordinance - Page 6 dsc chbbck03.216 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 Ordinance - Page 7 dsc chbbck03.216 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. Ordinance - Page 8 dsc chbbck03.216 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 SUMMARY OF ORDINANCE 354 - Page 1 dsc chbbck05.067 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 SUMMARY OF ORDINANCE 354 - Page 2 dsc chbbck05.067 that the summary provides adequate notice to the public of the contents of this ordinance. DATED this ~" day of May, 1991. ~"· <' Chubbuck ey SUMMARY OF ORDINANCE 354 - Page 3 dsc chbbck05.067