1015:0

City Code: 1015:0

Section 1015 - Dangerous Buildings; Repair or Demolition

Section 1015:00. Dangerous Building Defined.

Subd. 1. Any building or structure which has any or all of the defects set forth in the subdivisions which follow shall be deemed a "dangerous building."

Subd. 2. 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.

Subd. 3. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage of deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.

Subd. 4. Those which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purposes used.

Subd. 5. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of this municipality.

Subd. 6. Those which have become or 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 work injury to the health, morals, safety or general welfare of those occupying or using the same.

Subd. 7. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

Subd. 8. Those having inadequate facilities for egress in case of fire or panic.

Subd. 9. Those which have parts thereof which are so attached that they may or do injure members of the public or property.

Subd. 10. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this municipality.

Subd. 11. Those buildings existing in violation of any provision of any ordinance of this municipality relating to the construction of buildings or the installation therein or thereon of heating, plumbing or electrical equipment, appliances or devices.

Section 1015:05. Buildings and Structures Defined. The terms "building" or "structure" as used herein shall be defined to include underground structures, including walls, cisterns, cesspools, septic tanks, basements and foundations, whether or not there is any structure thereon, as well as any other structure or building.

Section 1015:15

Section 1015:15. Standards for Repair, Vacation or Demolition.

Subd. 1. The standards set forth in the subdivisions which follow shall be followed in substance by the Building Official and the Council in ordering repair, vacation or demolition.

Subd. 2. If the "dangerous" building can reasonably be repaired so that it will no longer constitute a dangerous building under this ordinance, it shall be ordered repaired.

Subd. 3. If the "dangerous" building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated.

Subd. 4. In any case where a "dangerous" building is fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a "dangerous" building cannot be repaired so that it will no longer exist as a dangerous building under the terms of this ordinance, it shall be demolished.

Section 1015:20. Building Official, Duties.

Subd. 1. The Building Official shall perform the duties set forth in the subdivisions which follow.

Subd. 2. Inspect semi-annually all public buildings, schools, halls, churches, theaters, hotels, restaurants, tenements, commercial manufacturing or loft buildings for the purpose of determining whether any conditions exist which render any such place a dangerous building within the terms of this ordinance.

Subd. 3. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this ordinance.

Subd. 4. Inspect any building, wall or structure reported as hereinafter provided for by the Fire Department or Police Department as probably existing in violation of the terms of this ordinance.

Subd. 5. Notify in writing by mail the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Steele County Recorder and Registrar of Titles, and whose addresses can be ascertained, of any building found by him to be a dangerous building within the standards set forth in Section 1015:00 hereof; that: (1) The owner must vacate or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (2) the occupant or lessee must vacate said building, or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or other person having an interest in said building as shown by the land records, may, at his own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time as may be necessary to do, or have done, the work or act required by the notice provided for herein.

Section 1015:20, Subd. 6

Subd. 6. Set forth in the notice provided for in Subd. 5 of this section, a description of the building or structure deemed unsafe, a statement of the particulars which made the building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time as is reasonable.

Subd. 7. Report to the Council any noncompliance with the notice provided for in Subdivisions 5 and 6 hereof.

Subd. 8. Appear at all hearings conducted by the Council and testify as to the condition of dangerous buildings.

Subd. 9. Place a notice on all dangerous buildings reading as follows:

"This building has been found to be a dangerous building by the Building Official. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building, as shown by the land records of the County Recorder. It is unlawful to remove this notice until such notice is complied with."

Section 1015:25. Duties of the Council and Staff.

Subd. 1. Upon receipt of the reports required in the sections which follow, the Council shall take action as set forth in the subdivisions which follow.

Subd. 2. Upon receipt of a report of the Building Official as provided for in Section 1015:20 hereof, the Council may order notice sent to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the County Recorder of Steele County, and whose addresses are ascertainable, to appear before the Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Official's notice provided for herein in Section 1015:20, Subd. 6.

Subd. 3. The Council shall hold a hearing a hear such testimony and argument as the Building Official or the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the dangerous building.

Subd. 4. After such hearing, the Council shall make written findings of fact from the testimony offered pursuant to Subd. 3 as to whether or not the building in question is a dangerous building within the terms of Section 1015:00 hereof.

Subd. 5. If such building is found to be a dangerous building, the Council shall order the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the County Recorder of Steele County to repair, vacate or demolish any building found to be a dangerous building within the terms of this ordinance within such reasonable time as the Council shall specify in said order, and

Section 1015:25, Subd. 6

providing that any person so notified who is not an owner shall have the privilege of vacating or repairing said dangerous building at his own risk to prevent the acquiring by the City of a lien against the land upon which said dangerous building stands, as provided in Subd. 6 hereof.

Subd. 6. If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subd. 5 hereof, within the time specified therein, the Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 1015:15 of this ordinance, or direct the Building Official to proceed under any abatement order he may have issued, and shall cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be levied as a special assessment against the land upon which the building stands or did stand to the extent authorized by law, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any decay thereby caused will not be dangerous to the health, morals, safety or general welfare of this municipality, the Council shall direct the Attorney to take legal action to abate the nuisance or to force the owner to make all necessary repairs or demolish the building.

Subd. 7. If the Council shall determine that any dwelling or commercial establishment is a dangerous building because there is no toilet in said building within such reasonable time as the Council shall specify, and in default thereof, the Council may provide for installation of such toilet and charge the cost against the property as a special assessment.

Section 1015:30. Violations - Penalty for Disregarding Notices or Orders.

Subd. 1. The owner of any dangerous building and the occupant or lessee in possession thereof who fails to comply with any notice or order to vacate, demolish or repair said building in accordance with such notice or order given as provided for in this ordinance shall be guilty of a penal offense.

Subd. 2. Any person removing the notice provided for in Section 1015:20, Subd. 9, hereof, shall be guilty of a penal offense.

Section 1015:35. Emergency Cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the Building Official shall report such facts to the Council and the Council may declare the emergency and cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner provided in Section 1015:25, Subd. 6, thereof.

Where the Building Official finds and determines that inadequate plumbing, heating or electrical systems or services to the premises constitute an immediate danger to inhabitants of the premises, the Building Official is authorized to order the immediate vacation of said premises, in writing, to the owner or the occupants, and shall post the premises as provided in Section 1015:20, Subd. 9, and the Building Official shall file his order with the Council which shall consider the matter at its next regular meeting consistent with the provisions of Section 1015:25.

Section 1015:40

Section 1015:40. Where Owner Absent from the City. In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the City, all notices or orders provided for herein shall be sent by mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the County Recorder of Steele County to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.

Section 1015:45. Administrative Liability. No officer, agent or employer of this municipality shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or employee of this municipality as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the Attorney at City expense until the final determination of the proceedings therein.

Section 1015:50. Duties of the Fire Department. The Chief of the Fire Department shall make a report in writing to the Building Official of all buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this ordinance. Such reports must be delivered to the Building Official within twenty-four (24) hours of the discovery of such buildings by any employee of the Fire Department.

Section 1015:55. Duties of the Police Department. The Chief of the Police Department shall make a report in writing to the Building Official of any buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this ordinance. Such reports must be delivered to the Building Official within twenty-four (24) hours of the discovery of such buildings by any employee of the Police Department.

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