Chapter 8.10
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
8.10.050 Published and posted notices.
8.10.070 Council orders – Notice.
8.10.080 Abatement by the City.
8.10.010 Definitions.
For the purposes of this chapter, the following mean:
“Dangerous building” means:
a. A structure that, for lack of proper repairs, or because of age and dilapidated condition or of poorly installed electrical wiring or equipment, defective chimney, gas connection, or heating apparatus, or for any other reason, is liable to cause fire, and which is situated or occupied in a manner that endangers other property or human life.
b. A structure containing combustible or explosive materials or inflammable substances liable to cause fire or danger to the safety of the building, premises or to human life.
c. A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease.
d. A structure in such weak, dilapidated or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse.
“Person” means every natural person, firm, partnership, association or corporation. [Ord. 675 § 1, 1995.]
8.10.020 Nuisance declared.
Every building found by the Council to be a dangerous building is declared to be a public nuisance and may be abated by the procedures specified in this chapter or by a suit for abatement brought by the City. [Ord. 675 § 2, 1995.]
8.10.030 Initial action.
When a City official determines that there is a dangerous building, the official shall report it to the Council. The Council shall, within a reasonable time, fix a time and place for a public hearing. [Ord. 675 § 3, 1995.]
8.10.040 Mailed notice.
1. The City Recorder shall notify the owner of the building and, if not the same person, the owner of the property on which the building is situated. The notice shall state:
a. That a hearing will be held concerning the nuisance character of the property; and
b. The time and place of the hearing.
2. A copy of this notice shall be posted on the property. [Ord. 675 § 4, 1995.]
8.10.050 Published and posted notices.
Ten days’ notice of the hearing shall be published in a newspaper of general circulation in the City or by posting notices in three public places in the City. [Ord. 675 § 5, 1995.]
8.10.060 Hearing.
1. At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard.
2. The Council may inspect the building and may consider the facts observed by it in determining if the building is dangerous.
3. If the Council determines that the building is dangerous, the Council may by resolution:
a. Order the building to be abated; or
b. Order the building to be made safe and prescribe what must be done to make it safe. [Ord. 675 § 6, 1995.]
8.10.070 Council orders – Notice.
Five days’ notice of the Council’s findings and any orders made by the Council shall be given to the owner of the building, the owner’s agent or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (being not less than five days), the Council may order the building demolished or made safe at the expense of the property on which it is situated. [Ord. 675 § 7, 1995.]
8.10.080 Abatement by the City.
If the City Administrator determines that the nuisance has not been abated by the responsible person by the date specified, the City Administrator may:
1. Proceed to abate the nuisance if the owner of the property authorizes such action in writing; or
2. Proceed to abate the nuisance without the consent or authorization of the property owner after securing a warrant from a court of competent jurisdiction authorizing entry onto the property and the abatement of the nuisance. [Ord. 946 § 2, 2016; Ord. 906 § 1, 2012; Ord. 675 § 8, 1995.]
8.10.090 Assessment.
1. The Council shall determine the probable cost of the work and assess the cost against the property upon which the building is situated. The assessment shall be declared by resolution, and it shall be entered in the docket of City liens and become a lien against the property.
2. The creation of the lien and the collection and enforcement of the cost shall be performed in substantially the same manner as assessments for street improvements. [Ord. 675 § 9, 1995.]
8.10.100 Summary abatement.
The procedures of this chapter need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the Chief of the Fire Department, the Fire Marshal or a law enforcement officer may summarily demolish the building. [Ord. 675 § 10, 1995.]
8.10.110 Errors in procedure.
Failure to conform to the requirements of this chapter that does not substantially affect a legal right of a person does not invalidate a proceeding under this chapter. [Ord. 675 § 11, 1995.]
8.10.120 Penalty.
A person who owns or is in possession or in charge of a dangerous building, and who allows the building to remain dangerous for as long as 10 days after receipt of the notice specified in HMC 8.10.070, may be fined up to $500.00 for each day the violation continues. [Ord. 906 § 1, 2012; Ord. 675 § 13, 1995.]