CHAPTER 02 Title 7 Abatement of Dangerous Buildings
CHAPTER 2
ABATEMENT OF DANGEROUS BUILDINGS
SECTION:
7-2-1: Purpose
7-2-2: Adoption of Uniform Code for the Abatement of Dangerous Buildings
7-2-3: Definitions
7-2-4: Enforcement
7-2-5: Amendments to the Uniform Code for the Abatement of Dangerous
Buildings
7-2-6: Violations and Penalties
7-2-1: PURPOSE: The purpose of this Chapter is to provide a just, equitable,
and practicable method, cumulative with and in addition to any other remedy provided by
the International Building Code, International Fire Code, or otherwise available at law, for
requiring buildings or structures that endanger the life, limb, health, property, safety, or
welfare of the general public to be repaired, vacated, or demolished.
7-2-2: ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS: Chapters 4 through 7 of the Uniform Code for the
Abatement of Dangerous Buildings, 1994 Edition, published by the International
Conference of Building Officials, are adopted as an official code of the City,
except those portions that are deleted, modified, or amended by this Chapter.
One (1) copy of the Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition, shall be duly certified and retained by the City Clerk.
7-2-3: DEFINITIONS: As used in this Chapter, certain words and terms are
defined as follows:
AUTHORIZED The Fire Marshal, the Building Official, and their
REPRESENTATIVE: designated representatives.
The regularly and duly constituted City Council of the
BOARD OF APPEALS:
City.
BUILDING OFFICIAL: The Director of the Planning and Building Division of the
City of Ammon, and his or her designated representative.
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DANGEROUS BUILDING:
Any building or structure which is structurally unsafe or
lacks adequate egress, or which constitutes a fire hazard
or is otherwise dangerous to human life, or which in
relation to existing use constitutes a hazard to public
safety, health, or welfare by reason of defective
construction, inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage, or
abandonment as provided in the Uniform Building Code
or the International Fire Code or any other effective
ordinance. The term has the same meaning as "unsafe
building."
INTERNATIONAL
The International Building Code of the City as adopted
BUILDING CODE:
and amended or modified by ordinance.
INNNNN
JURISDICTION: The City of Ammon, Idaho.
LEGISLATIVE BODY: The Mayor and City Council of the City.
SECRETARY: The City Clerk.
UNIFORM BUILDING CODE: The Uniform Building Code of the City as adopted and
amended or modified by ordinance.
UNIFORM FIRE CODE: The Uniform Fire Code of the City as used by the City
has been replaced by the International Fire Code.
7-2-4: ENFORCEMENT:
(A) Administration: The Building Official and Fire Marshal are authorized to enforce
the provisions of this Chapter.
(B) Inspection: The Fire Marshal and the Building Official and their designated
representative may make inspections and take actions necessary to enforce the
provisions of this Chapter.
(C) Right of Entry: Whenever necessary to make an inspection to enforce any
provision of this Code, or whenever the Building Official, Fire Marshal or their designated
representatives have reasonable cause to believe that there exists in any building or
upon any premises any condition or Code violation which makes the building or
premises unsafe, dangerous, or hazardous, the Building Official, Fire Marshal, or their
designated representatives may enter the building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official or Fire
Marshal by this Code; provided, that if such building or premises are occupied, they shall
first present proper credentials and request entry; and if such building or premises are
unoccupied, they shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. If entry is
refused, the Building Official, Fire Marshal, or their designated representatives may use
any remedy provided by law to secure entry.
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(D) Refusal to Permit Entry: When the Building Official, Fire Marshal, or their
designated representatives have obtained a proper inspection warrant or other remedy
provided by law to secure entry, no owner or occupant or any other person having
charge, care, or control of any building or premises shall fail or neglect, after proper
request made as provided in this Section, to promptly permit entry therein by the
Building Official, Fire Marshal, or their designated representatives for the purpose of
inspection and examination pursuant to this Code.
7-2-5: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS: The Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, is amended and modified as follows:
(A) Section 401(b)(2) shall read: "A statement that the Building Official or Fire
Marshal has found the building to be dangerous with a brief and concise description of
the condition found to render the building dangerous or unsafe under the provisions of
the International Building Code or the Uniform Fire Code."
(B) Section 601(b) is deleted.
(C) Section 601(c) read: "Upon written request of a party in interest, a record of the
entire proceedings shall be made by tape recording, stenographic reporter or by any
other means of permanent recording determined appropriate by the Board. A transcript
of the proceedings shall be made available to any party upon written request and upon
payment of the fees prescribed therefore. Such fees may be established by the Board,
but shall in no event be greater than the cost involved."
(D) Section 605(a) shall read: "Hearing before Board Itself. No decision may be
rendered without a majority of the City Council present, and all appeals hereunder shall
be decided by a majority of the members of the Council present; provided that if the vote
of the City Council is equally divided, the Mayor shall have a vote. Where a contested
case is heard before the Board itself, no member of the Board who did not hear the
evidence shall vote on or take part in the decision."
(E) Section 701(c)(3) shall read: "The Building Official or Fire Marshal may, in
addition to any other remedy in this Chapter, cause the building to be demolished and
the materials, rubble and debris there from removed and the lot cleaned."
7-2-6: VIOLATIONS AND PENALTIES: Any person who shall violate any of the
provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted by
the City of Ammon or the Ammon City Code as it relates to the Uniform Code for the
Abatement of Dangerous Buildings shall severally for each and every such violation and
noncompliance respectively, be guilty of a misdemeanor as allowed in the Uniform Code
for the Abatement of Dangerous Buildings and shall be charged as adopted in section
1-4-1 of the City Code. The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time and when not otherwise
specified. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.
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