Henrietta |
Code of Ordinances |
Chapter 5. BUILDINGS AND BUILDING REGULATIONS |
Article VI. UNSAFE BUILDING |
§ 5-98. Declared public nuisance.
All buildings or structures, irrespective of material from which the buildings or structures were built, which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, as specified by the fire prevention code of the city, or any other provisions of law, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, neglect, decay, dilapidation, obsolescence, or abandonment as specified in the building code of the city, or any other provision of law are, for the purpose of this article, declared to be a public nuisance and shall be repaired, vacated and repaired or demolished as hereinafter provided. For the purpose of this article, any building or structure which has any or all of the following conditions or defects shall be deemed a dangerous building:
(1)
Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit;
(2)
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.
(3)
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 as to be capable of resisting a normal wind pressure.
(4)
Whenever any portion thereof has settled to such an extent that the walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
(5)
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away.
(6)
Whenever for any reason whatsoever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(7)
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 third of the base.
(8)
Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration to the member or members, or fifty (50) percent of damage or deterioration of a nonsupporting enclosing or outside wall or covering.
(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 an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.
(10)
Any building or structure which has been constructed, or which exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations and the fire code of this city, when so determined and reported by the code enforcement officer or any law or ordinance of this state or city relating to the condition, location, or structure of buildings.
(11)
Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty (50) percent, or in any supporting member less than sixty-six (66) percent of the strength, fire-resisting qualities or characteristics or weather resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building or like area, height and occupancy in the same location.
(12)
Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.
(13)
Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of persons living within.
(14)
Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition to be a fire hazard and is so situated as to provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
(15)
Whenever any building or structure is likely to provide breeding places and habitat for snakes, rats, mice, and other vermin which are detrimental to the public health.
(Ord. No. 8205, § 2, 6-7-82)