§ 8-10. Unsafe buildings.


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  • (a) Right of condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the director may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.
    (b) Examination and record of damaged building. The director shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.
    (c) Notice of unsafe building. If an unsafe condition is found in a building or structure, the director shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately notify the director of his acceptance or rejection of the terms of the order.
    (d) Restoration of unsafe building. A building or structure condemned by the director may be restored to safe condition; provided, that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration; except, that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
    (e) Posting "unsafe" notice. If the person addressed with an "unsafe" notice cannot be found within the county after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the ``unsafe'' notice shall be posted in a conspicuous place on the premises and such procedure shall be deemed the equivalent of personal notice.
    (f) Disregard of "unsafe" notice. Upon refusal or neglect of the person served with an "unsafe" notice to comply with the requirements of the order to abate the unsafe condition, the county attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance. (1975 L.M.C., ch. 1, § 1.)
    Cross references-Dangerous buildings, § 22-79; housing code procedure for unfit dwellings, § 26-12; unsafe buildings, ch. 55.