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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/14/2007 - PROPOSED REVISIONS TO CITY CODE CHAPTER 5, ARTICLE DATE: August 14, 2007 WORK SESSION ITEM STAFF: Felix Lee FORT COLLINS CITY COUNCIL Mike Gebo SUBJECT FOR DISCUSSION Proposed Revisions to City Code Chapter 5, Article II, Division 3, Dangerous Buildings. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED As the first of four of the Neighborhood Quality items to be discussed, this item reviews the proposed revised, "Dangerous Buildings"provisions currently in the City Code,renamed, Unsafe, Dangerous or Nuisance Buildings,Structures,Equipment and Premises. Its purpose is to assure that the City has the tools necessary to identify,correct and/or abate all buildings, structures,equipment or premises that either through neglect or mishap have become a danger or nuisance to the public as the suggested new inclusive title implies. Staff will provide Council with options and recommendations for adoption of an ordinance. 1. Does Council concur with the proposed revisions to the Code? 2. Does Council wish to consider additional changes? 3. Does Council concur with bringing forward the proposed Unsafe, Dangerous or Nuisance Buildings, Structures, Equipment and Premises ordinance for Council consideration on December 4, 2007 or on a different time frame? Options • Option 1 —No changes to current Code. • Option 2—Direct staff to complete development of Code revisions as recommended to bring forward as an ordinance for adoption on December 4, 2007 or other time frame. • Option 3 - Direct staff to develop code revisions other than those recommended to bring forward as an ordinance for adoption on December 4, 2007 or other time frame. BACKGROUND At its work session on September 12, 2006, Council directed staff to unbundle the proposed all- inclusive and comprehensive minimum"Property and Building Maintenance Standards." Council wanted to better facilitate discussions by separating the scope of the regulations into three distinctive packages as follows: August 14, 2007 Page 2 1. Revised corrective standards for buildings, structures, and premises that are in a state of extreme neglect,disrepair,or damage such that a public nuisance or hazard/danger is created. (Dangerous Buildings) 2. Revised corrective standards for buildings, structures, and premises that are in a state of neglect, disrepair, or damage and have become an "egregious blight" to the surrounding neighborhood. (Exterior Property Maintenance Code XPMC) 3. Revised minimum rental housing standards. (Rental Housing) This item summary focuses on "Dangerous Buildings" - Package 1. Since its adoption in 1979, the 1976 Edition of the Uniform Code for the Abatement of Dangerous Buildings(UCADB)has been the City's model code,providing procedures for the classification and abatement of"dangerous"buildings. When a building is found to be unsafe or otherwise unfit for human occupancy to the extent that the "life, health, morals, property, safety or welfare of the general public or their occupants are endangered",such building or structure is declared"dangerous" and ordered to be repaired, vacated and or removed. Current UCADB v. Proposed Dangerous Building Code The current UCADB does the following: 1. Provides the City with standards for addressing any building structure, equipment and premises that endanger life, health, property, safety, or welfare. 2. Provides a process to require the repair, vacating and removal of dangerous conditions. 3. Establishes the responsibilities of the owner and the occupant. 4. Establishes procedures for notification and posting the property. 5. Authorizes the City to abate and file a lien against a property delinquent in compliance. 6. Sets penalties as criminal misdemeanors. 7. Establishes an appeal process. The proposed revisions would improve the current UCADB as follows: 1. Decriminalizes general violations to a civil infraction (e.g., public nuisances); life safety hazards remain criminal. 2. Specifies who can appeal a staff decision limited to owners/residents of affected properties within 800 feet of subject property. 3. Provides the City with the ability to initiate emergency measures. 4. Establishes the exterior property that can be declared dangerous. 5. Establishes a program to monitor buildings vacant more than 180 days. The proposed revised Article I1,Division 3, Unsafe, Dangerous or Nuisance Buildings, Structures, Equipment and Premises,is intended to replace the current UCADB and,like the current standards, would apply to all existing residential and nonresidential buildings,including all appurtenances and equipment within such buildings. August 14, 2007 Page 3 The notices, orders and appeals procedures specified in the proposed standards would provide the City with improved legal steps to require the repair,vacating or demolition of buildings or structures, equipment or premises if"unsafe, unlawful, unfit for human occupancy, a harborage for criminal activity, or is determined to be in a dangerous condition." The list of elements and defects used in declaring a property as dangerous is attached. Proposed Improvements to Enforcement Process The proposed Vacant-Building Notification provisions would establish a mandatory process by which the City is able to monitor the condition of buildings vacant for more than 180 days and their impact on the surrounding neighborhood. It would apply to buildings that are barricaded or otherwise secured from entry and not undergoing active rehabilitation or repair. This program would require owners of vacant buildings to submit a time frame for removal or repair of the vacant structure and would require that during the interim period,the building be properly secured against unlawful entry(boarding standards attached). The proposed provisions would establish minimum standards for how doors and windows of vacant buildings are to be properly secured. In addition, it has provisions for an annual review. Recognizing that buildings and structures may not be the only danger on a property, the proposed standards would address the"premises"(exterior property),not addressed currently. For example, the City would be authorized to order the owner(s) to abate open wells or shafts, abandoned excavations as well as unfinished and unenclosed additions. Enforcement The new standards, like the current Code, would be administered by Neighborhood & Building Services. Upon receipt of a complaint, from a citizen or staff: 1. An inspector would be dispatched to investigate the property and determine if the building or structure, equipment or premises is unsafe, dangerous or vacant. 2. If the property is declared unsafe or dangerous, staff would order the owner to abate the hazard and/or secure the property and set a time limit for completion of repairs or removal of the hazard. 3. The Vacant-Building Notification Program would establish the length of time that the owner could keep the property secured without making repairs or removing the building or structure. 4. Failure by the owner to comply with any orders of the City would be a civil infraction with fines of up to $1,000 per day. 5. If the City were to abate the hazard, the City could place a lien on the property and expect reimbursement of all costs to abate. August 14, 2007 Page 4 Costs The costs are currently absorbed in the daily operations of the NBS department. However, to date, the City has never contracted or performed abatements. In the event that the City were to move to abate a dangerous condition,the initial cost would be home by the City with liens placed against the property for full recovery. Initial abatement costs are unknown,but most likely would be dependent upon the size of the problem, condition of site and who performs the abatement. Public Outreach The revisions, as proposed,were presented to the Planning and Zoning Board on July 13,2007 and the Building Review Board on July 26,2007. Additionally,an open public meeting was held on July 24, 2007, attended by property managers, neighborhood representatives and the general public. General reaction to the proposals and revisions was favorable. One item of concern is the Vacant- building Notification Program and its effect on vacant commercial buildings. The real estate industry is concerned that boarding up commercial buildings would make it harder to lease spaces or buildings to prospective tenants. Staff recognizes that commercial buildings periodically become vacant due to loss of tenants. Should a commercial property become vacant, staff would apply the Vacant-building Notification Program to onlythose properties thatbecome unsecured or are declared dangerous. Next Steps If Council directs, staff will bring forward an ordinance for Council consideration at the regular Council meeting scheduled for December 4, 2007 or other time frame. ATTACHMENTS 1. Power Point presentation. 2. Proposed Unsafe, Dangerous or Nuisance Buildings, Structures, Equipment and Premises Code changes. 3. Boarding Standards. 4. Elements considered dangerous. 5. Decision matrix Dangerous Buildings Code Council Work Session August 14, 2007 Neighborhood Quality Issues Dangerous Buildings Mike Gebo Building Codes Services Manager i Dangerous Buildings Work Session on September 12 , 2006 . Council directed to staff to update the City's outdated Dangerous Building Code z Dangerous Buildings City of Fort Collins Code Chapter 5 , Article II Division 3 Unsafe, Dangerous or Nuisance Buildings, Structures, Equipment and Premises Replacing the 1976 Uniform Code for the Abatement of Dangerous Buildings 3 Dangerous Buildings ■ Scoping provisions : — Shall apply to all existing buildings and appurtenances, equipment, facilities, utilities, accessory structures and the premises 4 Dangerous Buildings ■ Provisions : — Provides the City with a standard to be used in classifying any building , structure, equipment and premise as dangerous, a nuisance or unfit to occupy, — When conditions endanger the life, health , property, safety or welfare of the public or the occupants — Provides the Building Official a legal process to require the repair or abatement of buildings, structures and property declared "dangerous" 5 Dangerous Buildings ■ Provisions : . Establishes responsibility of the owner and occupant . Sets legal procedures for Notice of Violation and property posting 6 Dangerous Buildings ■ Provisions : . Authorizes the City to abate the dangerous building or premise . Allows the City to assess property liens for cost of abatement . Establishes appeals and administrative review process Dangerous Buildings ■ Proposed new revisions : . Sets penalties for failing to comply with orders of the Building Official as civil infractions when not considered life , safety violations . Specifies who can appeal a decision of the Building Official , affected parties within 800 feet of the subject property . Establishes that the exterior property can be declared dangerous 8 Dangerous Buildings ■ Proposed new revisions : . Identifies emergency measures where imminent dangers exists . Establishes a program to monitor buildings vacant for more than 180 days 9 Dangerous Buildings ■ Declaration of unfit to occupy ( sanitation ) : . Lack of hot or cold running water . Lack of adequate heating facilities . Lack of required natural light and ventilation . Excessive dampness in habitable rooms . Lack of required sewage disposal . Lack of required bathroom or bathing facilities 10 Dangerous Buildings ■ Declaration of dangerous ( structural ) : . Deteriorated or inadequate foundations . Defective flooring or floor supports . Vertical supports that lean , split, buckle or list due to defective material or deterioration . Ceiling and roof supports that sag , split or buckle due to defective material or deterioration . Fireplaces or chimneys which list, bulge or settle due defective material or deterioration Dangerous Buildings ■ Declaration of nuisance such as : . Open vacant buildings which are an attraction to children . Whatever renders air, food or drink unwholesome or any health risks as determined by the Health Officer . Defective electrical , plumbing or mechanical systems 12 Dangerous Buildings ■ Declaration of nuisance such as : . Buildings or structures erected , altered or occupied contrary to law or use approved . Buildings deemed unfit to occupy due to neglect or insect or vermin infestation . 13 Dangerous Buildings New provision ■ Vacant- building Notification Program . Applicable to buildings vacant for more than 180 days . Introduces a City review process and collects fees for periodic inspections of the property . . Owner and local contact information is to be provided . . Limits approval of vacant building status to one year intervals . 14 Dangerous Buildings ■ Vacant- building Notification program . Sets procedures for securing of doors and windows against unlawful entry . . Requires monitoring of the property to maintain locked and secured perimeter . . Orders the Vacant- building Notification approval recorded with the Larimer County Clerk and Recorder's Office . . Sets penalties for failure to comply as civil infractions . 15 Dangerous Buildings ■ New provision : ■ Property premises can be dangerous such as : — Broken or unsound fences and walls, — Deteriorated barriers around swimming pools or spa , — Property infestations of rodents, insects or vermin , — Abandoned excavations or improper drainage that allows for stagnant water, — Broken or settled sidewalks and driveways . 16 Dangerous Buildings ■ Cost : . Usually no more than 4- 6 buildings declared dangerous at any given time . Inspection and follow- up currently absorbed in the daily Building Services Inspection program . Cost for City to abate a dangerous building or condition is unknown . Cost recovery through the lien process untested . 17 Public Outreach Presentations ■ On July 13 , 2007 before the Planning and Zoning Board ■ On July 24 , 2007 an open public meeting . The audience consisted of property managers, neighborhood associations and the general public . ■ On July 26 , 2007 before the Building Review Board 18 Public Outreach Comments and Concerns Comments were generally favorable to the revisions . Concern was expressed regarding proposed Vacant Building Notification program as it relates to : ■ Commercial properties ■ Access for prospective tenants ■ Boarding requirements . 19 Dangerous Buildings Direction sought : ■ Does Council concur with the Dangerous Building Code and new revisions as proposed ? ■ Does Council wish staff to bring forth an ordinance for adoption at the regular council meeting scheduled for December 4, 2007 ? 20 ATTACHMENT Chapter 07/31/2007 7:53 PM • TABLE OF CONTENTS CHAPTER 5 BUILDINGS AND BUILDING REGULATIONS Articles: I. In General Sec. 5-1 Solar notification service Sec. 5-2 Copies of codes on file II. Buildings Division 1 Generally Reserved • Division 2 Building Construction Standards Sec. 5-26 Adoption of standards Sec. 5-27 Amendments and deletions to code Sec. 5-28 Definitions Sec. 5-29 Violations and penalties Sec. 5-30 Amendments and deletions to code Division 3 Dangerous pu4d Unsafe, Dangerous, or Nuisance Buildings, Structures. Eauiyment and Premises Sec. 5-46 Sec. 5-47 Amendments and deletions to eede Sec. 5-48 Viala4iaas and penalties • Division 4 Moving of Buildings Sec. 5-61 Permit required for moving buildings on streets Sec. 5-62 Permit application Sec. 5-63 Issuance of permit Sec. 5-64 Responsibility for damage Sec. 5-65 Revocation of permit III. Electrical Standards Sec. 5-80 Adoption of standards Sec. 5-81 Short title Sec. 5-82 Amendments to code adopted Sec. 5-83 Use of approved materials; electrical signs Sec. 5-84 Violations and penalties IV. Mechanical Standards Sec. 5-106 Adoption of standards Sec. 5-107 Amendments and deletions to code See. 5-108 Definitions Sec. 5-109 Reserved Sec. 5-110 Solid fuel-burning appliances Sec. 5-111 Adoption of standards for fuel-gas piping, equipment, and accessories Sec. 5-112 Amendments and deletions to code V. Plumbing Division 1 Generally Sec. 5-124 Application and scope Sec. 5-125 Adoption of standards Sec. 5-126 Amendments to code Division 2 Administration Sec. 5-141 Duties of Building Official of Building and Zefflift 2 VI. Housing Standards • Division I Generally Reserved Division 2 Rental Housing Standards Subdivision A. Generally Sec. 5-236 Definitions Sec. 5-237 Purpose Sec. 5-238 Applicability Sec. 5-239 Compliance required Sec. 5-240 Substandard dwellings declared nuisances Subdivision B. Administration Sec. 5-256 Enforcement authority; rules and procedures • Sec. 5-257 Inspection Sec. 5-258 Maintenance of premises; compliance with codes Sec. 5-259 Appeals Sec. 5-260 Permit required for construction Sec. 5-261 Permit fees Sec. 5-262 Inspection of construction Sec. 5-263 Certificate required for occupancy of dwelling units contained in single- family or two-family dwellings in excess of limit; conditions, revocation or suspension Sec. 5-264 Posting; inspection of books and records; disclosure Sec. 5-265 Violation; minimum penalties Sec. 5-266 Responsibilities of owner Subdivision C. Standards • Sec. 5-276 Lighting and ventilation 3 Sec. 5-277 Bathrooms and kitchens Sec. 5-278 Type of construction; weather protection required Sec. 5-279 Maintenance and installation of fuel-burning and mechanical equipment Sec. 5-280 Maintenance and installation of electrical equipment Sec. 5-281 Exits and stairways See 5 znl Designated cee. 5 302 c e«,lard.. for er,ler k) repair, eete of,lemelish C 5 303 1.1 eete vcc. TJOJrvcxcc ... .»..»... See. 5 304 Wee»dure for appeal C C 1l1L Notiee Fe»repair eF substandard buildings vcc. TJvarstvcxcc-Ivr-rvPmx of ..b� Cee. 5 307 C F natiee and erAer Fer repair- of substandarde..bui A:.. C e rc. 5 308 Geri:F:e..tes to be Filed See. Twill ailefe to file a eal eee. e 21 n Matters to bee sidered ..t hearings Ucc. 5 StayingF vide. »nde. 'jYral See. 5 312 P faeeduFe For hearing appeals See. 5 313 Fa l..re tee ply Cee. 5 314 Emension of time for eempl:..«.. Cee Q QAC Purpose vcc-5 346 rde«tiue« of st.nd»r. CGF TG 347 Amendments O.[d deletions to ee_. 4 • DIVISION 3. UNSAFE, DANGEROUS, OR NUISANCE BUILDINGS, STRUCTURES, EQUIPMENT AND PREMISES Sec.5-46-. Adoption of standar-diq heaM and safety and f4 the pttFpose of providing a just, equitable and pr-aetieable fflethod WhefebY I....la.....S OF SfFH.tUfe.. Whiel. Fr � a o eF 1, life, limb, 4 1 tnoralc nopeftv�afety, ^ welfare F 1 l bl theira b rr + �T7 1 �-�I'T�T� a Abatefaeat of Dangerous Buildings 1976 Editien,pFomulgated by the ('....F^..enee of Building Offs and a the ..,hole tt.,.foof ._,.l..a:..._ the _ .___d _.___ ._u_ _c he..e:.. ..«a the previsions thereof sha4i be oE)..t«..tl:.jg wiH.' the Ci r%p.p v-rr. , The Unifemi Code for the Abatement of Tl___b_r___ B_.la:.,,.,. 1976 Edition,+ a a h hereby a ended and ehan.ea :.. the F..1L....:..g « ,.eet . interpretation fovisions of this Code aad to heaf Y aYY ua .^ eoAs nrovided for hnrwathere hereby ..hlish ea B a F Appeals eonsisting of the Building Review B. a fd .. established by a A a 117 F the n a F the City of FoA Collins The Building Offi.:.a shall be an ex _cc___ _ regulationsafid Shall aet aS geffOtffy tO said gaffd. The Board shall adopt reasonable rules and fer eanduetieg its busifiess and shall rendeF all deeisionq and findings in writing to h appellant h a eopy to h B •la' g Offs 1 A-ppea1 to the Board shali be proeessed in aeeeFdanee with d4e r shall be delivered to the Building Offloial ...he shall make t ,.h _.. freely . ___ibl_ to the publie cv--axc-Pvmx� The Unif.fm Code foF the Aba4e...ent ,.F il........-ous B__.la_n__ _a__._d in e 5 46, does not penalty r 1 15 of the Code sh 1'11 h bl to vielationq • 5 Sec. 5-40. Definitions. For the purposes of this Division, certain terms, phrases, words and their derivatives shall be construed as specified in either this Article or as specified in the City Building Codes adopted in § 5-26 et seq. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Vlebstef:'s Th a N late nal Piefie"""' of the English Language, Unabridged, eapyr-ight 1961, 1996 printing, shall be eE)fkSid@F@Ei as pf:aviding ofElinafy Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit' or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." As used in this Article, the following terms shall have the meanings indicated: ABANDONED. Any building or premises covered under this Article that is unoccupied or vacant and in such a state of disrepair, lack maintenance, or neglect as to pose a public nuisance. ADDITION. An extension or increase in floor area, number of stories, or height of a building or structure. ALTERATION. Any construction or renovation to an existing structure other than repair or addition. APPROVED. Approved by the Building Official. BASEMENT.That portion of a building which is partly or completely below grade. BATHROOM. A room that contains plumbing fixtures including but not limited to a bathtub or shower. BEDROOM. A habitable room within a dwelling unit designed primarily for the purpose of sleeping. Built-in features such as closets and similar storage facilities shall not be considered as relevant factors in determining whether or not a room is a sleeping room.. BUILDING OFFICIAL. Shall mean the executive code official directly in charge of supervising the administration, compliance, and enforcement of this Chapter including any authorized representative of such executive Building Official. CEILING HEIGHT. The perpendicular distance measured from the finished floor in a room or other interior space to the finished ceiling or surface above. CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code. CITY BUILDING CODE(S). The applicable building and construction trades technical code(s) the City, including the City Electric Code, City Fuel Gas Code, currently in effect as enacted by y> g ry Y 7 Mechanical Code City Plumbing Code and the City City General Building Code, City tY g ry Residential Building Code. 6 CITY ELECTRIC CODE. The applicable technical code currently in effect as enacted by the State, regulating the installation of electric wiring methods, repairs, fixtures and related • equipment. FIRE CODE. The code adopted by the City as referenced in Chapter 9 of the City Code for the purpose of protecting the public from exposure to fire, explosions, and hazardous materials. CITY FUEL-GAS CODE. The applicable technical code currently in effect as enacted by the City, regulating the installation, repair and replacement of fuel gas heating appliances and related equipment. CITY GENERAL BUILDING CODE. The applicable technical construction code currently in effect as enacted by the City, regulating the construction, repair, alteration, location of all buildings other than Group R-3 detached single- and two-family residences, attached townhouses and related accessory buildings. CITY MECHANICAL CODE. The applicable technical code currently in effect as enacted by the City, regulating the installation, repair and replacement of heating, cooling, ventilation equipment and related systems and components. CITY PLUMBING CODE. The applicable technical code currently in effect as enacted by the State, regulating the installation, repair, design and replacement of potable water piping, building waste drainage and venting systems. • CITY RESIDENTIAL BUILDING CODE. The applicable technical construction code currently in effect as enacted by the City, regulating the complete construction, repair, alteration and location of all buildings classified as Group R-3 detached single- and two-family residences, attached townhouses and related accessory buildings. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. One (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EXCAVATION or FOUNDATION, ABANDONED or EXPOSED. Any outdoor open hole, pit, foundation or other excavation, or depression, deeper than 24 inches below the surrounding ground elevation other than a well, whether excavated by human activity or created by natural forces, including any excavation or foundation intended for a building, pool, pond or other decorative or recreational feature and not backfilled within 180 days of such excavation or foundation work, or when there is no valid active building permit for such work, as well and any • other type of excavation that poses a health or safety hazard or otherwise poses a public nuisance, except those approved temporary retention ponds and detention ponds and other water features such as pools, ponds, and similar approved excavations designed for recreational or 7 aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard and is not a public nuisance. EXTERIOR OF A BUILDING. The exterior building surfaces, architectural features, attachments, projections, area ways and wells, exterior access covers, porches, landings, steps, decks, safety guards and rails, patio covers, carports, associated materials and their protective finishes, paints or decorative coatings, including but not limited to roofing or roof covering materials assemblies and flashing, roof sheathing, gutters and downspouts, cupolas, pergolas, trellises, eaves, soffits, parapets siding and exterior finish wall surfaces materials, weather and water drainage barriers, exterior wall sheathing, cornices, above-ground foundation insulation and protective barriers, parapets, exterior doors and windows including any glazing, insect screens, mouldings or trim, chimneys, vents, flues, and any other similar functional or decorative exterior building elements that are outside of the exterior frame wall cavities and interior walls. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTRA OCCUPANCY RENTAL HOUSE. (Also referred to as a "boarding house" or "rooming house"). A building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value. EXTERMINATION. The control and elimination of insects, rodents, birds or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. FLOOD HAZARD AREA.The greater of the following two areas: 1. The area within a flood plain subject to a I-percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on a community .s flood hazard map, or otherwise legally designated. GARBAGE. The animal, vegetable, or inorganic waste resulting from the handling, preparation, cooking and consumption of food, including cans, bottles, containers, and any other packaging and wrappings wasted therewith. GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk with the area between the building and the property line or,when the property line is more than 5 feet(1.524 m) from the building, between the building and a line 5 feet(1.524 m) from the building. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE ROOM/SPACE. A space in a building approved for living, sleeping, eating or _ cooking, bathing and personal hygiene. Closets, halls, crawlspaces, storage, laundry rooms, utility spaces and similar areas are not considered habitable spaces. 8 HAZARDOUS. Whatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer, the Fire Marshal, or the Building Official. • HEALTH OFFICER. The legally designated head of the Larimer County Department of Health and Envrionment or such person's authorized agent. HOT WATER. Heated water supplied to plumbing fixtures at a temperature of not less than one hundred ten (1 10) degrees Fahrenheit. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence of insects, rodents, birds, vermin or other pests in such a state pr quantity as to pose a health or safety hazard, within or contiguous to a structure or premises as determined by the Health Officer or other qualified party. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance • with applicable nationally recognized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. LOAD-BEARING ELEMENT. Any column, girder, beam, joist, truss, rafter, wall, floor or roof sheathing that supports any vertical load in addition to its own weight or any lateral load. NUISANCE. Any conduct or condition that is declared to be a public nuisance under any provision of the Code, or any of the following: (1) Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building or on an unoccupied lot, including but not limited to any abandoned wells, shafts, basements or excavations, abandoned refrigerators and motor vehicles, any structurally unsound fences or structures or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. (2) Whatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer. (3) Insufficient ventilation or illumination. (4) Inadequate or unsanitary sewage or plumbing facilities. 9 (5) Uncleanliness, as determined by the Health Officer. (6) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. (7) A structure or related equipment found by the Building Official to be unsafe, or a structure found unfit for human occupancy or found unlawful, such that it is deemed to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible. (8) Electrical wiring or wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. (9) A structure unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination or sanitary or heating facilities or other essential equipment required by this Article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. i (10) Rental housing that is found in whole or in part to be erected, altered or occupied contrary to law. (11) Any abandoned or exposed foundations and excavations. { OCCUPANCY.The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. i OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. (See PROPERTY MANAGER) OWNER. Any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the ^ dwelling or dwelling unit is situated. J1 PERSON. An individual, corporation, partnership or any other group acting as a unit. 10 I PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. • PRIMARY FUNCTIONS A primary function is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer service lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets are not areas containing a primary function. Entrances, corridors and restrooms are considered areas containing a primary function. PROPERTY MANAGER. Any person, group of persons, company, firm or corporation charged with the care and control of property or rental housing as defined below who performs services with respect to such property or rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such property or rental housing. PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. RENTAL DWELLING UNIT. One (1) or more rooms occupied or intended to be occupied as a unit exclusively for residential purposes that is leased, rented or sublet for compensation • (including money or services or the sharing of expenses) and that is located in a boarding house or a single-family, two-family or multi-family dwelling. RENTAL HOUSING. Any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, or guest room which is leased, rented or sublet to a family or person(s) for compensation (including money or services, and the sharing of expenses). REPAIR. The restoration to good or sound condition of any part of an existing building for the purpose of its maintenance. ROOMING or BOARDING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling and including an "Extra-occupancy Rental House" as defined herein and in the Land Use Code. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Nonputrescible solid wastes of a large size, including but not limited to large pieces of wood, large cardboard boxes or parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires,junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, • used lumber and other discarded or stored objects three (3) feet or more in length, width or breadth. SERVICE ROOM. 11 1 SOUND CONDITION. A condition that is fully-functional, operational and substantially free from decay, deterioration, damage or other defects to the extent that the capability of performing the tasks for which designed and in the manner for which intended are sufficiently maintained. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURALLY DANGEROUS or UNSAFE. Any building or structure or any individual member with any of the structural conditions or defects described below shall be deemed dangerous: 1. The stress in a member or portion thereof due to all factored dead and live loads is more than one and one third the nominal strength allowed in the City Building Codes for new buildings of similar structure, purpose, or location. 2. Any portion, member, or appurtenance thereof likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons. 3. Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of two thirds of that specified in the City Building Codes for new buildings of similar structure, purpose, or location without exceeding the nominal strength permitted in the City Building Codes for such buildings. 4. The building, or any portion thereof, is likely to collapse partially or completely because of dilapidation, deterioration or decay; construction in violation of the City Building Codes; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; damage due to fire, earthquake, wind or flood; or any other similar cause. 5. The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. STRUCTURE. That which is built or constructed or a portion thereof, not including vehicles, boats, and trailers. i STRUCTURAL MEMBER . A component of a structure that is essential to the structure's intended purpose and design, and without which, the structure is incapable of safely fulfilling its A intended purpose and supporting the design loads imposed upon the structure. SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building 12 Official and that is the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. SUBSTANTIAL STRUCTURAL DAMAGE. A condition where: 1. In any story, the vertical elements of the lateral-force resisting system, in any direction and taken as a whole, have suffered damage such that the lateral load-carrying capacity has been reduced by more than 20 percent from its pre-damaged condition, or 2. The vertical load-carrying components supporting more than 30 percent of the structure's floor or roof area have suffered a reduction in vertical load-carrying capacity to below 75 percent of the City Building Codes required strength levels calculated by either the strength or allowable stress method. TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. aUNSAFE BUILDINGS OR EQUIPMENT. Buildings or existing equipment that is insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitutes a fire hazard, or that is otherwise dangerous to human life or the public welfare or that involves illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. VACANT. The state of being uninhabited or unoccupied by persons who are legally authorized to do so. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. YARD. An open space on the same lot as a structure or building. Sec. 5-41. Scope and Purpose. (a) Scope. The provisions of this Division shall apply to all existing residential and nonresidential buildings, including all appurtenances, equipment, facilities, utilities, accessory structures and the premises associated therewith. (b) Purpose. The purpose of this Division is to protect, promote and enhance the health, • safety, morals and welfare of individual Fort Collins residents and the community at large against physical, social, and economic deterioration by establishing the minimum standards to abate any such existing buildings, structures, equipment and premises that are determined 13 by the Building Official to be unsafe, dangerous, unsanitary, unfit for human occupancy, or unlawfully used or used for criminal activites. Sec. 5-42. General (a) Applicability and conflicts. The provisions of this Division shall apply to all matters affecting or relating to buildings, structures, equipment and premises in the City of Fort Collins within the scope and for the aforementioned purpose. Where, in a specific case, different sections of the City Code specify different requirements, the most restrictive or specific shall govern. (b) Application of other codes and standards. Repairs, additions or alterations to a building or structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the City Building Codes, City Code and any other code provisions adopted by the City in effect. Nothing in this code shall be construed to cancel, modify, supercede or set aside any provision of the City of Fort Collins Land Use Code, Fire Code, any other Code adopted by the City or any state or county law, ordinance or rule or regulation. The provisions in this Article shall not be construed to abolish or impair existing remedies of any other authorized officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. (c) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Article shall be executed and installed in an approved manner suitable for the intended application and function relative to quality, strength, effectiveness, fire resistance, durability and safety; and in accordance with this Division, applicable City Building Codes, and any manufacturer's installation instructions or recommendations. l (d) Requirements not specified in this Article. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this Article, shall be determined by the Building Official. (e) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in sound operating condition. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this Division to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Division are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (f) Historic buildings. The provisions of this Article shall not be mandatory for existing buildings or structures designated as historic buildings when such building or structure is judged by the Building Official to be safe and in the public interest of health, safety and welfare; and which building, structure and premises, when the totality all factors is considered, does not create a nuisance. (g) Responsibilities and obligations. Every owner and occupant shall be subject to the responsibilities and obligations set forth in this Division as follows: (1) Every owner remains liable for violations of duties imposed by this Division even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant or property manager the duty of 14 i furnishing required equipment or of complying with this Article. Nothing herein shall be construed as limiting or interfering with in any way the right of any persons to • establish by written contract specific responsibilities of owners, property managers and occupants for the purpose of leasing or renting rental housing. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition, including the shared or public areas in a building containing two (2) or more dwelling units. (2) An owner shall not permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Division. (3) Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. (4) Every occupant shall, when required by this Division, the Code or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep the premises safe and sanitary. (5) An owner of a building or premises remains liable for violations of this Division even though an occupant or manager of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts • to delegate responsibility for the premises to the other. See. 5-43. Administration. (a) General. The Neighborhood and Building Services Director or other such official as appointed by the City Manager shall serve as the executive code official ('Building Official") directly in charge of supervising the administration, compliance, and enforcement of this Article. In the performance of said duties, such official may delegate authority to the appropriate technical, administrative, and compliance staff under the supervision of said official as he or she deems necessary. (b) Modification authority. The Building Official shall have the authority to grant modifications with respect the use of alternative materials, methods and equipment in the application of this Article for individual cases, upon a written finding that strict application of the requirements this Article are impractical and the modification is in compliance with the scope and purpose of this Article and that such modification does not lessen health, life and fire safety requirements. With respect to alternative materials or methods, The Building Official may approve an alternative material or method of construction upon a written finding that the proposed design is satisfactory and complies with the intent of the provisions of this Article, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Article in quality, strength, effectiveness, fire resistance, durability and safety. (c) Testing. Whenever there is insufficient evidence of compliance with the • provisions of this Article, or evidence that a material or method does not conform to the requirements of this Article, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. Testing methods shall be as specified in this Article 15 i or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official may approve appropriate testing procedures performed by an approved agency. (d) Permit and other fees. Whenever a permit or certificate is required by the City Building Codes, the appropriate fees shall be assessed and paid to the City as specified in the City Building Codes, Land Use Code, and the City Code. Any fees for activities and services performed by the City in carrying out its responsibilities under this Division shall be as indicated in the applicable provisions of the Code. Sec.5-44. Enforcement authority of the Building Official. The Building Official is hereby authorized and directed to enforce all of the provisions of this Division. For such purposes, the Building Official shall have the authority to adopt and promulgate administrative rules and procedures consistent with the provisions of this Division; to interpret and implement the provisions of this Division; to secure the intent thereof; to enforce all provisions of this Division pursuant to the authority granted by the Chief of Police and specified in Section 502(b)(2)of this Code; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Division, or of violating accepted engineering methods involving public safety. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Division or any other section of the Code or Land Use Code or whenever the Building Official has probable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official may enter such building or premises at all reasonable times Jl to inspect it or to perform any duty imposed upon the Building Official by this Division. If such building or premises is occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official 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 such entry is refused, or, if after reasonable efforts to contact the owner or occupant, the owner or occupant fails to respond or consent to the request, the Building Official may seek a warrant from the Municipal Judge to secure entry for inspection or abatement. (b) When the Building Official shall have first obtained a warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection, examination or abatement pursuant to this Division. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1-15. Sec.5-45.Violations and penalties. (a) Compliance required. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure or cause or permit the occupancy thereof in violation of this Division. 16 (b) Permit required for construction. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or • structure regulated by this Division without first obtaining a separate permit for each building or structure from the City in the manner and according to the applicable conditions prescribed in the City Building Codes. (c) Violations. Any person who violates any provision of this Division, except § 5- ??? (d) and 5-4 . ommits a civil infraction and is subject to a civil penalty, costs and fees as provided for in § 1-15. Any person who commits a violation of § 5- Mor ??? or who commits three or more violations of any other provision of this Division classified as a civil infraction in twelve (12) consecutive months commits a misdemeanor and is subject to a penalty or imprisonment, costs and fees and any other orders imposed in accordance with §1-15. In addition, the Building Official may revoke or suspend any permit or certificate issued by the City with respect to the building, structure, premises or equipment. (d) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Sec. 5-46. Unsafe,dangerous, or nuisance buildings,structures,equipment and premises. (a) General. When a building, structure, equipment, or premises is found by the Building Official to be unsafe, or when a building or structure is found unfit for human occupancy, or • is found unlawful, provides a harborage for criminal activity, or is determined to be in a dangerous condition, such structure shall be condemned, declared a nuisance and shall be abated pursuant to the provisions of this Division in addition to any other provision of this Code as is applicable. (b) Unsafe, dangerous, or nuisance buildings, premises, structures, and equipment. Unsafe, dangerous, or nuisance building, premises, structure or equipment is such that is found to be dangerous to the life, health, property or safety of the public or the occupants of the building or structure by not providing minimum safeguards to protect or warn occupants in the event of fire; or because such building or structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe resulting from such faulty construction or unstable foundation, that partial or complete collapse is possible; or when such building, premises, structure or equipment is determined to be a nuisance as defined in this Division. Buildings or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or in which the structure or individual structural members exceed the limits established by this Division, or that involve illegal or improper use or occupancy or inadequate maintenance, shall be deemed a nuisance and in unsafe condition. Unsafe buildings shall be taken down and removed or be made safe, as the Building Official deems necessary and as provided for in this code. A vacant structure that is not maintained in a secure condition sufficient to prevent unauthorized entry shall be deemed a nuisance and • unsafe. 17 (1) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. (2) Unlawful building, structure, or premises. An unlawful building, structure, or premises is one found in whole or in part to be occupied by more persons than { permitted under this code, or was erected, altered or occupied contrary to law, or is used for criminal purposes. (3) Building, structure, or premises unfit for human occupancy. A building, structure or premises is unfit for human occupancy whenever the Building Official finds that such building, structure or premises unsafe, unlawful or, because of the degree to which the building, structure or premises is in disrepair or lacks maintenance, is infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the building, structure or premises constitutes a hazard to the occupants of the building, structure or premises or to the public. Sec. 5-47. Declaration of condemnation. Any building or portion including any dwelling unit, guestroom, suite of rooms, extra-occupancy rental house, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants shall be deemed a j nuisance, dangerous, unsafe or unfit for occupancy and shall be condemned. (1) Inadequate sanitation, which shall include but shall not be limited to the following: a. Lack of a required or improper water closet, lavatory, bathtub or shower; � b. Lack of required hot and cold running water to plumbing fixtures; c. Lack of required or unsafe heating facilities; d. Lack of required or improper operation of ventilating equipment; je. Lack of required light and ventilation; f. Excessive dampness of habitable rooms in any rental housing; g. Lack of connection to required sewage disposal systems; h. Lack of or improper kitchen sink in rental housing. I, (2) Structural hazards shall include but shall not be limited to the following: a. Deteriorated or inadequate foundations; b. Defective or deteriorated flooring or floor supports; J c. Flooring or floor supports of insufficient size to carry imposed loads with safety; 18 d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; • e. Members of walls, partitions or other vertical supports that are f insufficient size to carry imposed loads with safety; f. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deteriorat on; g. Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety; h. Fireplaces or chimneys which list, bulge or settle, due to de ctive material or deterioration; i. Fireplaces or chimneys which are of insufficient size or strengtI to carry imposed loads with safety. (3) Any nuisance as defined in this Division; (4) All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and s being used in a safe manner; • (5) All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition at d which is free of cross-connections and siphoning between fixtures; (6) All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition; (7) Any condition which causes the structural members, spaces within walls, attics, floors and similar areas or any other interior space in a building to be subjected to intrusion of the weather; (8) Any building or portion, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a conditior to cause a fire or explosion or provide a ready fuel to augment the spread and intensity o fire or explosion arising from any cause; (9) All materials of construction except those which are specifically all wed or approved by this Division and the City Building Codes, and which have been adequately maintained in sound and safe condition; (10) Those premises on which an accumulation of weeds, vegetation,j ink, dead organic • matter, debris, garbage, offal, infestations, stagnant water, combustible materials and similar materials or conditions constitutes fire, health or safety hazards. All violations 19 relative to this Subsection shall be abated under the provisions as set forth in §§ 12-16, 12-18, 12-21, 12-22, 12-24, 12-25, 17-83, 20-1, 20-3 through 20-7 and 20-41; (11)All buildings or portions not provided with adequate exit facilities as required by this O Division except those buildings or portions whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed; (12) All buildings or portions which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Division, except those buildings or portions which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy; (13) All buildings, structures or portions occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Sec. 5-48. Notice of violation; penalties; abatement authority; assessment of lien; posting. (a) General. The Building Official and any officer, as such is defined in Section 19-66, are authorized to give notice to any owner and occupant whose building or property is in violation of the provisions of this Division. Such notice may be personally served upon such person, or, if not personally served, shall be deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the Latimer County Assessor or at such other, more recent address as may be available to the city. (b) Notice. The notice shall state that if the violation is not corrected on or before the time stipulated, a citation may issue and the correction or demolition may be done by the city and any costs of abatement, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed one hundred (100) percent of the costs for carrying charges and costs of administration will be charged against the property, in addition to any other penalty and costs or orders that may be imposed. The notice shall also state that if said owner desires a hearing before the Building Review Board to contest the declaration and order of vacation, condemnation, repair, removal or demolition, such owner shall request a hearing, in writing, to the Building Official of Neighborhood and Building Services within five (30) days of mailing of the notice. The notice shall further state that if no request for such hearing is timely filed shall be a waiver of the right to contest the declaration, assessment or order at any later date. (c) Abatement. If the building or property has not been brought into compliance with this Division within the time period set forth in the notice and, if the owner has not requested a hearing before the Building Review Board pursuant to Section 5-53 to contest said declaration or any other Building Official's orders as provided in Subparagraph (1) above, the demolition or abatement may be performed by city personnel or by private contractors, as the Building Official shall determine. In the event of such demolition and abatement by the city, 20 the cost, including inspection, demolition and any other incidental costs in connection therewith, and an amount not to exceed one hundred (100) percent of the costs for carrying • charges and administration shall be assessed against the offending property (d) Assessment. Any cost assessment shall be a lien in the several amounts assessed against each property until paid and shall have priority over all other lieris, except general taxes and prior special assessment liens. If any such assessment is not paic within thirty (30) days after it has been certified by the Building Official and billed by the F nancial Officer or his designee to the owner by deposit in the United States mail addresse to the owner of record at the address as shown on the tax rolls or such other, more recent address as may be available to the city, and any agents, representatives or occupants as may be known, the Financial Officer, or his designee is hereby authorized to certify to the co inty Treasurer the list of delinquent assessments, giving the name of the owner as it appears of record, the number of the lot and block and the amount of the assessment plus a ten-percent penalty. The certification is to be the same in substance and in form as required for a certification of other taxes. The county Treasurer, upon receipt of such certified list, is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the.same manner as general property taxes are collected, together with any charges as may by law be made by the county Treasurer and all laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes, and the redemption thereof shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending building or property is not subject to taxation, the city may elect alternative means to collect the amounts du pursuant to this Division, including the commencement of an action at law or in equity and, after judgment, • pursue such remedies as are provided by law. (e) Posting. Upon failure of the owner or person responsible to com y with the notice provisions within the time given, the Building Official shall post on the premises, building, structure or equipment, a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (1) Placard removal. The Building Official shall remove the con mnation placard whenever the defect or defects upon which the condemnation and posting action were based have been eliminated. (2) Violations and penalties. Any occupied structure condemned and posted by the Building Official shall be vacated as ordered by the Building Official Any person who defaces or removes a condemnation placard without the approval of the Building Official commits a misdemeanor subject to the penalties provided in Sec. 1-15 Any person who occupies a posted premises or who operates placarded equipment, and any owner or any person responsible for the premises who allows anyone to occupy a sted premises or operate posted equipment commits a misdemeanor subject to the penal ies provided Sec. 1-15 • 21 Sec.549. Emergency Measures. Emergency measures. When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Building Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Building Official shall cause to be posted at each entrance to such structure a notice reading substantively as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Building Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. (a) Imminent danger. Notwithstanding other provisions of this code, whenever, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Building Official deems necessary to meet such emergency. (b) Public way closure. When necessary for public safety, the Building Official is authorized to close structures and buildings and to consult with the authority having jurisdiction in order that such authority closes, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibits the same from being utilized for other than authorized access. (c) Emergency work. For the purposes of this section, the Building Official shall employ { the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. i (d) Disconnection of service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this Division and the other codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as feasible thereafter. (e) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person may contest the emergency orders pursuant to the procedures set forth in Section 5-53 or may first seek an administrative determination by the Building Official's superior. 22 1 Sec. 5-50. Vacant buildings or structures. • (a) General. When a building or structure is vacant and unfit for hu habitation and occupancy, and is not in danger of structural collapse, the Building Official is authorized to post a placard of condemnation on the premises and order the structure secured ftom unauthorized entry so as not to be an attractive nuisance. Upon failure of the owner(si or other legally responsible party to secure the premises within the time specified in the order, the Building Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed pursuant to Sec. 5-48. (b) Vacant building or structure notification. Any vacant building or structure that, for more than 180 days, has been barricaded, closed up, or otherwise secured to prevent unauthorized entry, either voluntarily or by order of the Building Official or other authorized public official pursuant to this Section, without such building or structure undergoing c mmencement of rehabilitation, remediation, repairs, or completion of construction and for which there is not a valid active building permit or approved "Vacant-building Notification"as specified in this Section, shall be deemed a public nuisance and shall be abated by repair or re oval. Pursuant to the conditions set forth in this Section, the Building Official may issue an order to the property owner(s) of any such vacant building or structure to submit and obtain appr val of a Vacant- building Notification for the express purpose of the City monitoring the condition of and any deleterious effects from such vacant building or structure that are imposed upc n the surrounding neighborhood. • (c) Notification submission criteria. When so ordered, a Vacant-building Notification shall be submitted with the accompanying fees to the City as prescribed hereunder and shall be approved by the Building Official upon the condition such notification contains the information stipulated hereunder and the Building Official finds, after inspecting the property, that the information in the notification is sufficient to meet the requirements of this Division. If the Building Official rejects the notification, he or she shall in writing, provide the basis for the reje tion along with a reasonable deadline for submitting a revised notification or appealing the Building Official's decision to the Building Review Board pursuant to Sec.5-53. The Vacant-bui ding Notification shall include the following information: (i) Name and address of person submitting the Vacant-building Notifica ion; (ii) Name and address of all property owners of the subject property; (iii) The name and address of a local agent that the Building Official y contact related to compliance enforcement of this Division, when the property owner(s) is/are not local; (iv) The expected period of vacancy, (v) A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the time for submission of the notification; (vi) Upon the Building Official's determination, a plan to either occupy, sell, lease, or demolish the building within one-hundred eighty (180) days or su h other time as determined reasonable by the Building Official under the circumstances (vii) A plan for actively monitoring, maintaining and securing the property, as defined in this subsection; (viii) A letter of written consent by the property owner(s) that authorizes City code • compliance inspectors to enter the property for inspections consistent with the enforcement of the provisions of this Division; (ix) Any other information required by the Building Official in rule and regulations pursuant to the provisions of this Division. 23 I (d) Fees. When a property owner is ordered to submit a Vacant-building Notification by the Building Official, said owner(s) shall also pay a fee to the City to cover the costs of monitoring and inspecting the building or premises and to review and approve the Vacant-building Notification. The Building Official shall have discretion to determine the number of inspections required to monitor the subject building and premises upon submission of the notification based upon the type and condition of the property and any history of violations at the subject property. (e) Approved notification expiration and renewal. A Vacant-building Notification is effective immediately upon notice to the property owner of the approval of such notification until such time as the Building Official releases the property from the approved Vacant-building Notification Plan. An approved plan shall be valid for no more than one year from the date of its approval. If a notification expires after a year and the Building Official has not yet released the property from the approved Vacant-building Notification, the property owner is automatically required to seek a renewal of the approved Vacant-building Notification and pay a fee for such renewal as provided. (f) Non-compliance. Failure by the property owner to submit a Vacant-building Notification or comply with a Vacant-building Notification that has been approved by the Building Official j under this section or pay a fee as required under this section is a civil infraction subject to the penalties and orders as set forth in Section 1-15. (g) Recording. The Vacant-building Notification shall be recorded with the Larimer County Clerk and Recorder's Office and shall be released by the Building Official upon determining that the property is remedied in accordance with this Division. Any fees or costs associated with recording the Vacant-building Notification or filing a release from the Vacant-building Notification shall be the responsibility of the property owner and shall be collected as provided in Section 5-50(c). i Sec. 5-51.Demolition and Removal. (a) General. The Building Official shall order the owner of any premises upon which is located any structure, which in the Building Official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. (b) Salvage materials. When any structure has been ordered demolished and removed, the City shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. 24 i (c) Violations and penalties. Any owner who fails to comply with a final order to demolish, repair or remove a structure commits a misdemeanor subject to the penalties • provided in Sec. 1-15 and shall be liable for the cost to the City of demolition, repair or removal of the structure pursuant to Sec. 5-47. Sec.5-52. Transfer of Ownership. The owner of any dwelling unit, building, structure or property who has received a compliance order or upon whom a notice of violation has been served shal not sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure tc another until the provisions of the compliance order or notice of violation are in compliance, c r until such owner shall first famish the grantee, transferee, mortgagee or lessee a true copy f any compliance order or notice of violation issued by the Building Official and shall furnish to the Building Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. Sec. 5-53. Appeals and administrative review. (a) General. Except as otherwise provided for in §19-36 et seq., the Build ng Review Board as established in § 2-117 shall serve to provide final interpretation of the 3rovisions of this Division and to review the Building Official's orders. • (b) Application for review on appeal. Any of the parties limited to o ily those persons identified herein, shall have the right to be heard by the Building Review Bo rd on appeal any order or decision of the Building Official or a notice or order issued pursuar t to Section 5-48. Said authorized persons must be one of the following with respect to the subject premises: the record owner, the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record and the holder of any other estate or legal interest of record in or to the building or subject property on which the building is located and any other property within 800 feet of the subject property and any residents thereon. (c) Application form. An application for hearing shall be in writing on such forms provided and based upon a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fu ly apply, or the requirements of this code are adequately satisfied by other means. Such form shall include the following information: (1) The names of all appellants participating in the appeal; (2) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order; (3) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the • appellant; 25 (4) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or actions should be reversed, modified or otherwise set aside; (5) The signatures of all parties named as appellants and their official mailing addresses; (6) The verification by declaration under penalty of perjury of at least one (1) appellant as to the truth of the matters stated in the appeal. (d) Filing period. The appeal shall be filed within thirty (30) days from the date of service of such order or action of the Building Official. If the building or structure is in such condition as to make it immediately dangerous to the life, property or safety of the public or adjacent property and is ordered vacated and is posted, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Building Official. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings. (e) Hearing period. Upon receipt of any appeal filed pursuant to this Section, the Building Official shall present it at the next regular or special meeting of the Building Review Board but no less than ten (10) days nor more than sixty(60) days from the date of appeal filing. (f) Hearing procedures. The hearing for the appeal shall be heard pursuant to the procedures specified in § 2-47 et seq. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (g) Failure to file request for review. Failure of any person to file an application for a review hearing shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. (h) Staying of order under review. Except for vacation and posting orders made pursuant to this Division, enforcement of any notice and order of the Building Official issued under this Division shall be stayed during the pendency of the review therefrom which is properly and timely filed. (i) Failure to comply. After any order of the Building Official or the Building Review Board made pursuant to this Article shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order upon conviction shall be guilty of a misdemeanor. If, after any order of the Building Official or the Building Review Board made pursuant to this Article has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may cause such person to be prosecuted under the preceding or institute any appropriate action to abate such building as a public nuisance. Whenever the required repair or demolition is not commenced within thirty (30) days after final notice and order issued under this Article becomes effective: (1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice as specified in Subsection 5- 303(a). 26 (2) No person shall occupy any building which has been posted as specified in this Section. No person shall remove or deface any such notice so posted until the repairs, • demolition or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the City Building Codes. (j) Extension of time for compliance. Upon receipt of an application form from the person required to conform to the order and an agreement by such person that s/he will comply with the order if allowed additional time, the Building Official may grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete the repair, rehabilitation or demolition, provided the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order. (k) Certificates to be filed. If there is not compliance with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the L.arimer County Clerk and Recorder a certificate describing the property and certifying that the building is a substandard building and is declared a nuisance and that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building and nuisance on the property described in the certificate, the Building Official shall file a new certificate with the Larimer County Clerk and Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer • substandard and a nuisance, whichever is appropriate. Sec. 5-54. Exterior Premises (a) General. All exterior property and premises including vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to adversely affect the public health, safety and welfare. The occupant or owner shall keep that part of the exterior premises which such occupant or owner occupies or controls in a clean and sanitary condition. (b) Grading and drainage. All premises shall be graded and maintained to limit the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Abandoned or unprotected excavations shall be considered a nuisance and shall in-filled to original or adjoining site elevation. Exception: Approved retention areas and reservoirs and temporary retention ponds, detention ponds, channels and other water features such as pools, ponds, and similar approved excavations designed for recreational or aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard, or a public nuisance. • (c) Sidewalks and driveways. All private sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained free from hazardous conditions. 27 (d) Landscaping, plantings and groundcover. All premises and exterior property shall be maintained free from noxious weeds as set forth in Section 20-42 of the Code, and plants, other than cultivated shrubs, flowers, trees, vegetables, and similar ornamental or food plants in excess of 6 inches (152.4 mm) in residential occupancies and 12 inches (304.8 mm) in open fields pursuant thereto. (e) Infestation. All structures and exterior property shall be kept free from infestation by rodents, insects, and other vermin. Where found, infestation shall be promptly abated by approved extermination and eradication processes which will not be injurious to human health. After extermination, proper maintenance and measures shall be undertaken to prevent re- infestation. The owner of any building or structure shall be responsible for extermination within the structure prior to renting or leasing such. In a structure containing dwelling unit(s) or in a nonresidential structure, the owner(s) thereof shall be responsible for extermination in the public or shared areas of the structure and exterior premises. (f) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (g) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained in structurally sound condition so as not to pose a hazard to the public or the premises occupants. (h) Outdoor swimming pools, spas and hot tubs. Outdoor private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 nun) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Barriers shall have guardrails located and installed as specified by the applicable City Building Codes and shall have intermediate rails or an ornamental pattern such that a sphere 4 inches (102 mm) in diameter cannot pass through. Spas or hot tubs with a safety cover that complies with ASTM F 1346, shall be exempt from these provisions. Sec. 5-55. Building and Structure Exteriors (a) General. The exterior elements of buildings as described in this section shall be maintained in sound condition, such that they do not pose a threat to the health, safety or welfare of the occupants, any adjoining properties, or the public. All protective exterior surfaces and systems designed to prevent the intrusion of water and moisture, resulting from ordinary natural precipitation, into the structural and non-structural interior components shall be maintained in sound condition. (b) Protective treatment. Such exterior surfaces that are other than decay- or corroision- resistant materials designed for outdoor exposure without protective treatment, shall be protected from decay and deterioration by painting or other protective covering or treatment, which 28 I protective treatment shall be maintained in sound condition. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights • shall be maintained weather resistant and prevent the intrusion of water and moisture, resulting from ordinary natural precipitation, into the structural and non-structural interior building components. (c) Structural members. All structural members shall be maintained free from deterioration, decay, or damage that renders any such member incapable of safely supporting the imposed dead and live loads. (d) Exterior foundations walls. All exterior foundation walls shall be maintained in a stable condition and free from deterioration and damage that renders any portion thereof incapable of safely supporting the imposed dead and live loads; in addition to being maintained free from open cracks, breaks,joints and separations so as to prevent the entry of rodents. (e) Exterior walls. All exterior walls shall be substantially free from holes, breaks, and loose or rotting materials; and maintained weatherproof and surface-coated where required to prevent deterioration, decay, or dilapidation. (f) Roofs and drainage. The roof and flashing shall be in sound condition, and weather-tight sufficient to prevent the entry water occurring from typical natural precipitation in into the interior. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in sound condition sufficient to prevent improper discharge that is damaging to foundations or other • structural elements of the subject building in question or of adjoining buildings and premises. Roof water shall not be discharged in a manner that creates a public nuisance. (g) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained with proper anchorage and in sound condition sufficient to prevent personal injury or damage to adjoining property resulting from detachment or failure of such elements or components thereof. (h) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained and be properly anchored so as to be kept in a sound condition sufficient to prevent personal injury or damage to adjoining property resulting from detachment or failure of such elements or components thereof. (i) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound condition with proper anchorage and capable of supporting the imposed loads. 0) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and in sound condition sufficient to prevent personal injury or damage to adjoining property resulting from detachment or failure of such elements or components thereof. • (k) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in sound condition sufficient to prevent personal injury resulting from detachment of such elements or components thereof. 29 (1) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition and weather tight sufficient to prevent the entry water occurring from typical natural precipitation in into the interior. All glazing materials shall be maintained free from cracks and holes. Any such damaged or missing glazing shall be replaced as needed with approved glazing materials. (m) Insect screens. During the period from April I" to Nov I", every door, window and other outside opening required for ventilation of habitable rooms in rental housing and any other such exterior such openings in food preparation areas, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. (n) Hatchway access to below-grade spaces. Every hatchway access to an interior below- grade space, such as a basement, cellar, or crawlspace shall be maintained to prevent infestation and the entrance of rain and other surface drainage or subsurface water. (o) Area wells. All area wells, stair wells, light wells and any other bulkhead enclosures attached to any building, when such wells are located less than 36 inches (914 mm) from the nearest intended walking surface and deeper than 36 inches below the surrounding ground level, creating an opening with a horizontal dimension greater than 24 inches (610 mm) measured perpendicular from the building, with the side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be protected with guards conforming to this section around the entire opening, or be provided with an equivalent barrier. Exceptions: 1. The access side of stairways need not be barricaded. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that are releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. 3. Covers and grates may be used over stairways and other openings used exclusively for service access or for admitting light or ventilation. (p) Premises identification. Buildings shall have approved address numbers placed in a ! position to be plainly legible and visible from the street or road fronting the property. Numbers shall contrast with their background. Except for single- and two- family dwellings, building numbers shall be a minimum of 6 inches (152.4 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Sec. 5-56. Structure Interiors (a) General. The interior of a structure and equipment therein shall be maintained in sound and sanitary condition such that they do not pose a threat to the health, safety or welfare of the occupants, any adjoining properties, or the public. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units shall maintain the shared or public areas of the structure and exterior property in a clean and sanitary condition. 30 �.J (b) Structural members. All structural members shall be maintained structurally sound, capable of safely supporting the imposed loads and sufficient to prevent personal injury • resulting from detachment or failure of such elements or components thereof. (c) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition sufficient to prevent personal injury resulting from detachment or failure of such elements or components thereof. (e) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in sound condition sufficient to prevent personal injury resulting from detachment or failure of such elements or components thereof. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (762 mm) high or more than 38 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 36 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. (f) Accumulation of rubbish or garbage. The interior of every structure, shall be free from any accumulation of garbage. (1) Storage of rubbish. All rubbish shall be stored in accordance with Section 12-18 of • the City Code. (2) Disposal of garbage. Every occupant of a structure shall dispose of garbage in accordance with Section 12-18 of the City Code. Sec. 5-57. Interior Systems — Plumbing, Sanitary, Mechanical, Electrical, Conveyance, Fire-life Safety. (a) Plumbing systems. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided such that they do not pose a threat to the health, safety or welfare of the occupants, any adjoining properties, or the public. (1) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. An owner shall not permit another person to occupy any structure or premises which does not comply with the requirements of this Division. (2) Toilet rooms. Toilet rooms and bathrooms in rental housing shall be capable of providing privacy for the user and shall not constitute the only passageway to a hall or other space, or to the exterior. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. In other than dwelling units, and • in all rental housing, every toilet room floor shall be covered with a nonabsorbent surface to permit such floor to be easily maintained in a clean and sanitary condition. 31 (3) Maintenance, installation and hazards. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Plumbing fixtures shall have adequate clearances for usage and cleaning. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back-siphoning, improper installation, deterioration or damage or for similar reasons, the Building Official shall require the defects to be corrected to eliminate the hazard. (b) Water systems. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code enacted at the time of installation and the Larimer County Department of Health.and Environment. (1) Supply. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. (2) Water heating systems. Service water heating systems shall be properly installed and maintained. Fuel-gas-burning water heating equipment shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless such equipment is an approved closed combustion appliance. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (c) Sanitary drainage. All plumbing fixtures shall be properly connected to a public sewer system except for approved private sewage disposal systems. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. (d) Mechanical systems. The provisions of this section shall govern the minimum mechanical systems and equipment to be provided. The owner of the subject building or structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. An owner shall not permit another person to occupy any premises which does not comply with the requirements of this chapter. All mechanical appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended functions and shall conform to the following criteria. (1) All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. (2) All required clearances to combustible materials shall be maintained. (3) All safety controls for fuel-burning equipment shall be maintained in effective operation. 32 (4) A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-bumf g equipment. • (5) Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such purpose and the installation is specifically approved. (6) Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted to the exterior and in accordance with the manufacturer's instru tions. (e) Electrical equipment. Every occupied building shall be provided with an el ctrical system in compliance with the requirements of this section. (1) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Nati nal Electrical Code. (2) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Building Official shall require the defects to be corrected to eliminate the hazard. (3) Installation. All electrical equipment, wiring and appliances shall be pro erly installed • and maintained in a safe and approved manner. (4) Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one wall switch controlled electric lighting fixture. (f) Elevators, escalators and dumbwaiters. Elevators, dumbwaiters and esc ators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at al times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when i he building is occupied. Exception: Buildings equipped with only one elevator shall be permitte to have the elevator temporarily out of service for testing or servicing. (g) Fire- and life-safety requirements. The provisions of this section sha I govern the minimum conditions and standards for fire safety relating to structures and exte for premises, including fire and life safety facilities and equipment to be provided. The owner o the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. An owner shall not permit another person to occupy any premiss that do not comply with the requirements of this chapter. • (1) Means of egress. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the adopted City Building Codes. 33 (2) Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance- rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. Required opening protectives shall be maintained in an operative condition. All fire and smoke-stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. (3) Fire Protection systems. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the City Fire Code and City Building Codes. Secs. 5-49 58-5-60. Reserved. 34 DIVISION 4. MOVING OF BUILDINGS • Sec. 5-61. Permit required for moving buildings on streets. It shall be unlawful for any person to use or occupy any street, alley or other public ground in the City for the purpose of moving a building or other structure across or thereon without first having obtained a permit from the City Engineer. (Code 1972, § 95-30(A); Ord. No. 222, 1998, § 3, 12-15-98) Sec. 5-62. Permit application. (a) Application for a permit shall be made upon forms to be furnish by the City Engineer and shall set forth such information as may be required on the foi in. At the time of making application, the applicant shall pay the permit fee in the amount of twenty-five dollars ($25.) and shall file the bond required herein. (b) Application for a permit shall be accompanied by a corporate surety bond in the amount of two thousand dollars ($2,000.), conditioned upon compliance with all requirements of the Code relating to activities under the permit. (Code 1972, § 95-30(B), (C); Ord. No. 222, 1998, § 3, 12-15-98) Sec. 5-63. Issuance of permit. • (a) The City Engineer shall determine whether the applicant possesses the technical qualifications and the necessary equipment for the moving of buildings and structures and shall issue or deny the permit based upon such determination. (b) Any permit granted hereunder shall be valid for ninety (90) days unless revoked. (Code 1972, § 95-30(E), (G); Ord. No. 222, 1998, § 3, 12-15-98) Sec. 5-64. Responsibility for damage. Any person using the streets, alleys or other public ground for the purpose of mo ing buildings and other structures across or thereon shall be responsible for any damage done to such street, alley or public ground or any improvements situated thereon, including, without limitation, trees and other plantings, signs, utility poles and utility lines, traffic signals and the like. Any such persons shall also be responsible for any damage caused to any private property bv virtue of use of the streets, alleys and other public ground of the City for the purpose of moving such buildings or other structures. (Code 1972, § 95-30(D)) • 35 See. 5-65. Revocation of permit. Any permit granted may be revoked by the City Engineer upon written notice to the holder of the permit if the permit holder fails to comply with the requirements of the Code relating to the permit or for other good cause relating thereto. In the event of such revocation, no fee paid shall be refunded. If any permit holder objects to the revocation of a permit by the City Engineer, he or she may request a hearing on the question of revocation before the Building Review Board created in § 2-117, which shall make the final determination on the question. Sec. 5-66. Buildings relocated or moved into the City. Buildings or structures moved in and/or permanently relocated within, or transported through the City shall comply with the applicable provisions in this Chapter. (a) Purpose. The purpose of this section is to require financial assurance that the exterior of a building and any exterior property site will be completed and that the lot or tract of land or site upon which a building or structure is permanently placed for reuse or occupancy complies with applicable codes and requirements, including those contained in the City Building Codes, City Fire Code, and the Land Use Code. (b) Building permit required. Any such permanently relocated building or structure shall generally comply with the current City Building Codes for new buildings or structures except as approved otherwise by the Building Official pursuant to this Chapter. Prior to i relocating or moving in any building or structure for the purpose of permanent relocation in the City, a building permit for such relocation must first be obtained, notwithstanding and in addition to any permits required pursuant to Section 5-61 et seq. of this Article. No person may prepare any building within the City for permanently moving to or permanently move any building to any lot or tract of land within the city unless such person has first obtained a building permit for such permanent relocation. Fees associated with such building permits shall be assessed in accordance with the City Building Codes. Exceptions: 1. Any manufactured home moved into the city that is subject to the provisions of state law or to any other manufactured home moved into or within the city and which manufactured home is intended to be located in a mobile home park as defined in Sec. 18-2 of this Code. i 2. Any building placed in an approved "Outdoor Storage Facility" pursuant to the j provisions of the Land Use Code and for which a temporary storage permit has been issued by the Building Official authorizing such temporary storage for a period not to exceed 180 days. li (c) Inspections required. Prior to issuance of a permit for and moving any building or structure, the building official may require a hazardous material assessment and, if required, abatement of such material and compliance inspection of the structure to be moved. A hall be paid to the city pre- move inspection fee plus travel expenses as established by the City, shall the building 1 'on. Upon completion of the m, g i in advance of the pre-move mspecu p p p official shall provide to the applicant a report, citing in general terms, those areas or elements of the structure that must be made to comply with the City Building Codes, Larimer County Health Department codes, City Fire Code and other relevant provisions of the City Code or v Land Use Code. 36 I (d) Deposit and right-of-entry certificate. As a condition of and prior to issuing a moving • permit pursuant to Sec.5-61 for the purpose of permanently relocating a building on a site within the City, the permit applicant shall agree and sign a right-of-entry certif care issued by the Building Official authorizing the city or its contractor to enter upon the lot r tract of land for the purpose of performing all work necessary to complete the exterior property site, including grading, landscaping, driveway, water and sewer service lines, curs and gutters, and any other required site work. The right-of-entry certificate shall include the legal description of the lot or tract of land, and the city shall record right-of-entry certificate with the Larimer County Clerk and Recorder. In order to obtain a right-of-entry certificate, a guarantee, in the form of a financial deposit of funds secured with a letter of credit, escrow or performance bond is required to assure the city of the completion of the exterior of the building and the exterior property site. The minimum amount deposited shall be no less than the greater of one thousand dollars ($1000) or an amount equal to one hundred twenty-five percent (125%) of the cost of completing the exterior of the moved building and exterior property site, as determined by the building official, on the lot or tract of lan to which it is moved, including grading and required landscaping. The completion of the exterior of a building shall be completed with in the time period set forth in the permit as etermined by the Building Official and provided completion of the exterior property site upon which a relocated building is or is intended to be permanently placed is completed with in twenty-four (24) months from the date of issuance of the building permit. Upon com letion of the exterior of the building and exterior property site to the satisfaction of the bu Iding official, the deposit will be returned to the permit holder. Upon a failure to complete the exterior of the building and exterior property site, any costs incurred by the city to complete the exterior • of the building and exterior property site, including grading and required landscaping improvements, shall be paid from the permit holder's financial deposit. After work on the exterior building and property is completed, any balance of the amount deposited will be returned to the permit holder, less a ten (10) percent administrative fee for the city based on the amount expended to complete the exterior. Secs. 5-66-6"-5-79. Reserved. • 37 ATTACHMENT Community Maiming and Eucimmmital Scl%ices 13uikfioL Seri ices VACANT - BUILDING NOTIFICATION PROGRAM of Fort Collins BOARDING STANDARDS GENERAL All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. MATERIALS Boarding sheet material - Boarding sheet material shall be 1/2-inch thick wood structural panels. Boarding framing material — Boarding framing material shall be nominal 2-inch by 4-inch solid sawn lumber. Boarding fasteners - Boarding fasteners shall be 3/8-inch diameter carriage bolts or equivalent of such a length to penetrate the assembly as required to appropriately attach the washers and nuts. INSTALLATION • Boarding sheet material -The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. Windows - The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The boarding framing material shall be cut 2 inches wider than the window opening and shall be placed on the inside of the window opening approximately 6 inches from the top and bottom of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. Door walls - The-door wall opening shall be framed with boarding framing material secured at the entire perimeter and at 24 inches on center horizontally. Blocking shall also be secured at 48 inches on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches on center. Doors - Doors shall be secured by the same method as for windows or door walls. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. • Dangerous Buildings AIS Attachment 2 70 60 • FAX (970) 224 7 NoW' College, Avenv�e • P.O. Box 560 - Fort Golhns.GO 80522-0680 • (0 } ?_21-fi7 C 1 Gt;4 ATTACHMENT 4 6afort collins neighborhood & building services 281 N. College Ave. P.O. Box 580: Fort Collins,CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134 Elements Considered Dangerous ■ A declaration of unfit to occupy can be made when items that assure a minimum level sanitation is not met, items such as: — Lack of hot or cold running water — Lack of adequate heating facilities — Lack of required natural light and ventilation — Excessive dampness in habitable rooms — Lack of required sewage disposal — Lack of required bathroom or bathing facilities. ■ A declaration of dangerous can be made on the grounds that the building's structural elements are: — Deteriorated or inadequate foundations — Defective flooring or floor supports — Vertical supports that lean, split, buckle or list due to defective material or deterioration — Ceiling and roof supports that sag, split or buckle due to defective material or deterioration — Fireplaces or chimneys which list, bulge or settle due defective material or deterioration. ■ A declaration of a general public nuisance can be made when there: • — Open vacant buildings which are an attraction to children Abandoned wells, shafts or excavations — Whatever renders air, food or drink unwholesome or any health risks as determined by the Health Officer — Defective electrical, plumbing or mechanical systems Buildings or structures erected, altered or occupied contrary to law or use approved Buildings or structures deemed unsafe due to disrepair, unsanitary or vermin infested. • Dangerous Building AIS Attachment 3 ITEM PROPOSED CODE REVISIONS COUNCIL DIRECTION/COMFrENTS Dangerous Buildings Vacant-building notification: mandated for any building of vacant for more than 180 days without repairs and no active permit Ownership transfer: prohibited if violation notice served on property without disclosing such notice Appeals: appeal staff decision to Building Review Board limited to property owners and residents within 800 feet of subject property Exterior premises: 1. Must be maintained to prevent accumulation of stagnant water 2. Abandoned unprotected excavations must be filled 3. Private sidewalks and driveways, parking lots shall be maintained free of hazards 4. Infestation of rodents, insects, vermin must be abated 5. Accessory structures, fences, walls must be maintained so not a hazard to public or occupants Building exteriors: 1. Exterior elements must be in sound con- dition (e.g., walls) so not a threat to health &safety 2. All exterior surfaces (walls, roofs) must y be designed for outdoor exposure & maintained to prevent intrusion of rain & n snow into interior x 3. Decorative features must be properly anchored to prevent personal injury or z damage to adjoining property j 4. Windows, skylights &doorframes must be in sound condition to prevent entry of water into interior 5. All window glass free from cracks and holes 6. Insect screens from 4/1 to 11/1 on windows that are required for ventilation of habitable rooms Structure interiors: 1. Interior & equipment kept in sound & sanitary condition that does not pose threat to health safety of occupants or public Fire safety: 1. Safe & unobstructed path provided from any point in the building to public way 2. Fire resistant construction must be maintained in operative condition 3. All fire protection systems must be maintained in operable conditions at all times