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HomeMy WebLinkAboutO-382ORDINANCE NO.'�� AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMO- LITION OF ANY BUILDING OR STRUCTURE WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORAL$, SAFETY OR GENERA WELFARE OF THE CITIZENS OF FAIRHOPE, ALABAMA, OR WHICH MIGHT TEND TO CONSTITUTE.A FIRE MENACE; AND FOR.THE ASSESSMENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION THEREOFfAS A MUNICIPAL LIEN OR ASSESSMENT AGAINST SUCH PREMISES, AND TO PROVIDE FOR THE RECOVERY.OF SUCH COST IN AN ACTION AT LAW. WHEREAS, the City of Fairhope, Alabama has power to main- tain health and cleanliness of the City within it's City limits and Police Jurisdiction and pursuant to the provisions of Section .492, Title 37, Code of Alabama 1940, may provide by Ordinance for the prevention of contagious, infectious and pestilential disease into the City and to adopt such Ordinances and regulations as the City Council may deem necessary to insure good sanitary condition in public places or in private premises located iri the City, and WHEREAS, in the City of Fairhope, Alabama there are or, in the future, may be buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, a menace to health, morals, safety, and general welfare of the citizens of said City and which might tend to constitute a fire menace, and which are a public nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. DANGEROUS BUILDINGS DEFINED. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings". (a) Those whose interior walls or other vertical structurlal members list, lean or buckle to such an extent that a plumb line passing through the center of.gravity falls outside of the middl third of its base. (.b) Those which, exclusive of the foundation, show thirty- three.(33) per cent or more, of damage or deterioration of the supporting member or members, or fifty .(50) per cent of damage or deterioration of the non -supporting enclosing or outside wall or covering. (.c) Those which have improperly distributed leads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (d) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, fo the general welfare and health of the occupants or the people of the City of Fairhope, Alabama. (:e.) Those which have become or are so dilapidated, decaye , unsafe, unsanitary or which so utterly fail to provide the ameni- ties 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 living -therein. (.f.) 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. (g.) Those having inadequate facilities for agress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. (h) Those which have parts thereof which are so attached that they may fall and injure members of the public(of the property. (.i.) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this City. SECTION'2. STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation or demolition: (a.) If the "dangerous building" can reasonably be repair d so that it will no longer exist in violation of the terms of thi ordinance it shall be ordered repaired. (.b.) If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered'to be vacated. -2- (:c.) In any case where a "dangerous building" is fifty (50). per cent damaged or decayed, or deteriorated from its origi- nal value or structure, it shall be demolished, and in all cases where a building cannot be repaired so'that it will no longer exist.in violation of the terms of this ordinance it shall be demolished. In allcases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this ordinance it shall be demolished. SECTIONA.* DANGEROUS BUILDINGS = NUISANCES. All "danger'- ous"buildings" within the terms of Section 1 of this ordinance are hereby declared to be public nuisances, and shall be repaired vacated, or demolished as hereinabove and hereinafter provided. SECTION 4. DUTIES OF BUILDING INSPECTOR. The Building Inspector shall: (a) Inspect or cause to be inspected annually all public buildings, schools, halls, churches, theaters, hotels, tenements commercial, manufacturing, or &0 buildings for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of Section 1 of this Ordinance. (b.) 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. (c.) Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Department of this City as probably existing in violation of the terms of this Ordinance. (d.) Notify in writing the owner, o'ccu'pant, lessee, mort- gagee, agent and all other persons. having an interest in said building as shown in the office of the Judge of Probate of Bald- win County, Alabama,..of any building found by him to be a "dangerous building" within the standards set forth in Section 1 of this ordinance, that: (.1.) the owner must vacate, or repair, -3 0 or demolish said building in accordance with the terms of the notice and this ordinance; .(2) the occupant or lessee must vacat said building or may have it repaired in accordance with the notice and remain in possession;' (3j the mortgagee, agent, or other persons having an interest in said building as shown in the Office of the Judge of Probate of Baldwin County, Alabama, 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, not exceeding sixty (6,0) days, as may be necessary to do, or have done, ,the work or act required by the notice provided for herein. (.e.) Set forth in the notice provided for in subsection (.d.) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition -to comply with the terms of this Ordinance within such length of time, not exceeding sixty (60). days, as is reasonable. (f.) Report to the City Council any non-compliance with the "notice" provided for in subsections (d) and (e) hereof. (g) Place a notice on all "dangerous buildings" reading as follows: shall: "This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown in the Office of the Judge of Probate of Baldwin County, Alabama. It is unlawful to -remove this notice until such notice'is complied with". SECTION 5. DUTIES OF THE CITY COUNCIL. The City Council (a) Upon receipt of a report of the Building Inspector as provided for in Section 4, subsection (f) hereof,.give writter notice to the owner, occupant, mortgagee, .lessee, agent and all -4- other persons having an interest in said building as shown by the land records in the'Office of the Judge of Probate of Baldwin County, Alabama, to appear before it 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 demol- ished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 4,. subsection (.g.) - (b) Hold a hearing and hear such testimony as the Build- ing Inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the land records in the Office of the Judge 'of Probate of Baldwin County, Alabama, shall offer relative to the "dangerous building' (.c) Determine from the testimony offered pursuant to sub- section (.b) as to whether or not the building in question is a "dangerous building" within the terms of Section 1 hereof. (d.) Issue an order based upon the determination made pur- suant to subsection (c.) commanding the owner, occupant, mortgagee lessee, agent and all other persons having an interest in said building as shown by the land records in the Office'of the Judge of Probate of Baldwin County, Alabama, to repair, vacate, or de- molish any building found to be a "dangerous building" within the terms of this ordinance and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said builc int as shown on the land records in the Office of the Judge of Probate of Baldwin County, Alabama, may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against -the land upon which said "dangerous building" stands by the City as provided in.subsection (e.) hereof. Ce. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (d.) hereof, within thirty dAys, the GitY Council shall cause such build, ing or structure to be repaired, vacated, or demolished as the as th facts may warrant, under the standards hereinabove provide for in Section 2 of this Ordinance,'and, with the assistance of the City. Attorney, shall cause the costs of such repair, .vacation demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, .safety or general welfare of the people of .this City, the City Council shall notify the City Attorney to take legal action to force.the owner to make all neces- sary repairs or demolish the building. (.f.) Report to the City Attorney the names of all persons not complying with the order provided for .in Section 5,' subsectic (d) hereof. SECTION 6. VIOLATIONS - PENALTY FOR DISREGARDING NOTICES OR ORDERS. 'The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate, or demolisr said building given by any person authorized by this ordinance to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 586, Title. -37,.Code of Alabama, 1940. Each day's violation of the provisions of this ordinance shall constitute a separate offense, punishable as herein provided. The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section'586, Title 37, Code of Alabama, .1940. Each day's violation of the provisions of this ordinance shall constitute a separate offense, punishable as herein provided. Any person removing the notice provided for in Section-4, subsection (.g.) hereof .shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 586, Title 37, Code of Alabama, .1940, for each' offense. -6- i4..,1 e SECTI"ON, 7-.�- DUTIES OF :THE CITY ATTORNEY. .' The City. Attor- ney shall: (a.) Prosecute .all persons failing to comply with the term of the noti ce's'. pr.ovi ded for herein in Section' 4; Subsection and,(..), and the order provided for in Section'5, Subsection (.b.) Appear at all. hearings before .the City Council in regard to "dangerous buildings". (:c.) Bring suit to collect all municipal liens, expendi- tures or costs incurred by the City Council in repairing or causi to be vacated or demolished "dangerous buildings". (4) Ta.ke such other legal action as is necessary to carry out the terms and provisions of this ordinance. SECTION 8. 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 Inspec- tor shall report such facts to the City Council and the City Coun cil shall 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 as provided in Section.5, subsection (e.) hereof. SECTION'S. WHERE OWNER ABSENT FROM.THE CITY. In cases, except in emergency cases, where.the owner, occupant, lessees, or mortgagee is absent from.the City all notices or orders provided for herein shall be sent by Certified Mail to.the owner, occupan mortgagee, lessee, .and all other persons having an interest in said building as shown by the land records in the Office of the Judge of Probate of Baldwin County, Alabama, 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 relate Such mailing and posting shall be deemed adequate service. 'SECTION'•10.. ADMINISTRATIVE LIABILITY. No officer, agent or employee of the City of Fairhope, ,Alabama shall render himself - 7 = n9 personally liable for any damage that may accrue topersons or property as 'a result of any act required or permitted in the dis- charge of his duties under this ordinance. Any suit brought against any officer, agent, or employee of the City of Fairhope, Alabama as a result of any act required or permitted in the dis- charge of his duties under this ordinance shall be defended by the City Attorney until the final determination of the proceeding therein. SECTI'ON'll. DUTIES OF FIRE DEPARTMENT.. The employees of the Fire Department shall make a report in writing to the Buildin Inspector of all buildings or structures which are, may be, or ar suspected to be "dangerous buildings" within the terms of this ordinance. Such reports must be delivered to the Building Inspec for within twenty-four :(24), hours of the discovery of such build- ings by an employee of the Fire Department. SECTION l2. DUTIES .OF POLICE DEPARTMENT.. All employees of .the Police Department shall make a report in writing to the Building Inspector 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 Build- ing Inspector within twenty-four (24) hours of the discovery of such buildings by an employee'of the Police Department.. SECTTON 13. SEPARABILITY. It is.the intention of the City Council that each separate 'provision.of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid or unconstitutional, all other provisions thereof shall .remain valid and enforceable. ADOPTED this the ,_,� � day of ( [�� �F..t� •�-f_ 1967 ATT.EST:. sm lU