Loading...
HomeMy WebLinkAbout028 - 03/16/1982 - ADOPTING AND ENACTING A NON-OWNER OCCUPIED HOUSING HEALTH AND SAFETY CODE r ORDINANCE NO 28 , 1982 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AND ENACTING A NON-OWNER OCCUPIED HOUSING HEALTH AND SAFETY CODE FOR THE CITY OF FORT COLLINS WHEREAS, a substantial number of non-owner occupied housing units exist in the City of Fort Collins, and WHEREAS, the promulgation of minimum standards of health and safety requirements is necessary to insure that non-owner occupied housing units are habitable, and WHEREAS, the City Council of the City of Fort Collins desires to provide safeguards to protect the health, safety and welfare of the inhabi- tants of non-owner occupied housing, and WHEREAS, such safeguards are of benefit to the citizens of the City of Fort Collins NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows ARTICLE I Section 1 These regulations shall be known as the "Non-Owner Occu- pied Housing, Health and Safety Code, may be cited as such, and will be referred to herein as "this code" Section 2 The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regu- lating and controlling the use and occupancy, location and maintenance of all non-owner occupied housing within this jurisdiction Section 3 (a) The provisions of this code shall apply to all buil- dings or portions thereof used, or designed or intended to be used, for human habitation which are considered to be non-owner occupied housing as defined herein (b) Existing buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with Section 104(a) and (b) of the City Building Code (c) Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the City Building Code for new buildings and structures ARTICLE II Section 4 (a) The building official is hereby authorized and directed to enforce all of the provisions of this code For such purposes, he shall have the powers of a law enforcement officer t a (b) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his au- thorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the buil- ding official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry, and if such building or premises be unoccupied, he 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, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy pro- vided 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 or his authorized represen- tative for the purpose of inspection and examination pursuant to this code (c) Every owner remains liable for violations of duties imposed upon him by this code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code Nothing herein shall be construed as limiting or interfering in any way, the right of any persons to establish, by written contract, specific responsibilities of owners and occupants for the purpose of leasing or renting non-owner occupied housing Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a safe condition including the shared or public areas in a building containing two or more dwelling units Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer Every occupant shall , where required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary Section 5 All buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Article IX of this code -2- Section 6 In order to provide for final interpretation of the provi- sions of this code and to hear appeals provided for hereunder, the Building Board of Appeals as established in the "Code of the City of Fort Collins" shall serve in such capacity within the procedures outlined therein Section 7 It shall be unlawful for any person, firm or corporation 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 same to be done in violation of this code ARTICLE III Section 8 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this code without first obtaining a separate permit for each building or structure from the buil- ding official in the manner and according to the applicable conditions prescribed in Chapter 3 of the City Building Code Section 9 Whenever a building permit is required by Section 301 of this code, the appropriate fees shall be paid to the building official as specified in Section 304 of the City Building Code Section 10 All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 305 and 306 of the City Building Code ARTICLE IV Section 11 For the purpose of this code, certain terms, phrases , words and their derivatives shall be construed as specifed in either this chapter or as specified in the City Building Code Where terms are not defined , they shall have their ordinary accepted meanings within the context with which they are used Webster' s Third New International Dictionary of the English Language, Unabridged, copyright 1961 , shall be considered as providing ordinary accepted meanings Words in the singular include the plural and the plural the singular Words used in the mascu- line gender include the feminine and the feminine the masculine BUILDING OFFICIAL - The Chief Building Official of the City or such person authorized to represent same CITY - The City of Fort Collins, Colorado CITY BUILDING CODE - the latest edition of the Uniform Building Code as adopted by the City CITY MECHANICAL CODE - the latest edition of the Uniform Mechani- cal Code as adopted by the City CITY PLUMBING CODE - the latest edition of the Uniform Plumbing Code or other recognized standard as adopted by the City -3- HABITABLE ROOM - a room or enclosed floor space used or intended to be used or designed to be used for living, sleeping, eating, or cooking, excluding bathrooms, toilet compartments, closets, laundry rooms, halls, and storage or utility spaces HEALTH OFFICER - is the legally designated head of the Larimer County Department of Health or such person's authorized agent HOT WATER - is hot water supplied to plumbing fixtures at a temperature of not less than 110OF NON-OWNER OCCUPIED HOUSING - shall be limited to any building or portion thereof, including the premises on which the same is located, containing any dwelling unit, guest room, hotel , or any other similar place intended for human habitation other than a mobile home, which is leased, rented, or otherwise occupied by a person or persons who are not owners of record of said building or portion thereof NUISANCE - The following shall be defined as nuisances 1 Any public nuisance known at common law or in equity jurisprudence 2 Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot This includes any abandoned wells, shafts, base- ments, or excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences, or structures, or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors 3 Whatever is dangerous to human life or is detrimental to health, as determined by the health officer 4 Insufficient ventilation or illumination 5 Inadequate or unsanitary sewage or plumbing facilities 6 Uncleanliness, as determined by the health officer 7 Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health offi- cer ARTICLE V Section 12 (a) All habitable rooms within any dwelling unit and any guest room shall be provided natural light by means of exterior glazed openings , or be provided with permanent artificial lighting fixtures controlled by approved wall switches located adjacent to the access doorway of such rooms All habitable rooms within any dwelling unit and any guest room shall be provided with natural ventilation by means of openable exterior openings, or be provided with mechanical ventilation as specified in this code (b) Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building EXCEPTION Required windows may open into a roofed porch where the porch -4- I abuts a street, yard or court, and 2 has a ceiling height of not less than 7 feet, and 3 has the longer side at least 65 percent open and unobstructed A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than 4 feet in least dimension No vent shaft shall extend through more than two stories For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed EXCEPTION Light and ventilation for an interior room may be supplied from an adjoining exterior room provided the following conditions are met 1. the common wall is provided with openable interior openings, and 2 the adjoining exterior room has openable exterior openings for light and ventilation as required in this section (c) In lieu of required exterior openings for natural ventilation, a iechanical ventilation system may be provided Such system shall be capable of providing two air changes per hour in all guest rooms, dormi- tories, habitable rooms and in public corridors One-fifth of the air supply shall be taken from the outside In bathrooms, water closet com- partments, laundry rooms and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided Ud) All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance with Section 3312(a) of the City Buil- ding Code ARTICLE VI Section 13 (a) Every dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower (b) In hotels, where private water closets, lavatories and baths are not provided there shall be provided on each floor at least one water closet and lavatory and one bath accessible from a public hallway Additional water closets, lavatories and baths shall be provided on each floor at the rate of one for every additional ten guests, or fractional number thereof in excess of ten (c) Each dwelling unit shall be provided with a kitchen Every kitchen shall be provided with a kitchen sink Wooden sinks or sinks of similarly absorbent material shall not be permitted (d) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation All plumbing fixtures shall be of an approved glazed earthware type of of a similarly nonabsorbent material Walls and floors in shower areas shall be of nonabsorbent material -5- All plumbing fixture traps and vents shall be installed in accordance with the City Plumbing Code (e) Walls and floors of water closet compartments except in dwellings shall be finished in accordance with Section 1711 of the City Building Code (f) Every water closet, bathtub or shower required by this code shall be installed in a room which will afford privacy to the occupant A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door (g) All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws (h) Carpeting shall not be permitted in kitchens other than in dwelling units. ARTICLE VII Section 14 (a) Buildings or structures may be of any type of con- struction permitted by the City Building Code (b) Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness ARTICLE VIII Section 15 (a) 1 All habitable rooms within any dwelling and guest room shall be provided with permanent heating facilities capable of maintaining a room temperature of 60°F measured at a point three feet above the floor and three feet from the exterior wall when the outside air temperature is 0°F Portable fuel burning heating appliances are prohibited 2. All mechanical equipment within any dwelling and guest room including vents, shall be maintained in a working, safe condition and be installed in accordance with all applicable laws in effect at the time of installation 3. All mechanical equipment within any dwelling and guest room shall be of are approved type for the location and all gas or liquid fuel- burning equipment shall have an approved automatic safety fuel shutoff, an accessible manual fuel shutoff valve, a listed appliance fuel connector, and a vent as specified in the City Mechanical Code 4 All mechanical equipment within any dwelling and guest room shall be supplied with adequate circulation air and combustion air as speci- fied in the City Mechanical Code -6- 5 A gas or liquid fuel-burning appliance shall not be located in any bedroom or bathroom of a dwelling or in any confined space with access only through such a room or space unless the appliance is of an approved direct vent type 6 Gas cooking appliances shall not be used for space heating of any portion of a dwelling or guest room 7 Solid fuel appliances and fireplaces shall not be located in any sleeping room unless permanent combustion air from the exterior or from spaces communicating directly with the exterior is provided and is adequate to insure proper combustion and chimney operation , provided further that the total area of such openings shall not be less than one-half the cross-sectional area of the chimney serving the appliance or fireplace 8 Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the City Mechanical Code and in this code Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 12 of this code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof (b) All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws All electrical equipment shall be of an approved type Where there is electrical power available within 300 feet of the pre- mises of any building, such building shall be connected to such electrical power Every habitable room shall contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied elec- tric light fixture Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one supplied electric light fixture All outlets within reach of laundry tray, washing machine, dryer or piping must be grounded All lights in laundry areas must be provided with wall switches or have non-conductive pulls All lights in bathrooms must be provided with wall switches or have non- conductive pulls All metallic fixtures must be grounded All extension cords which have been installed in any dwelling by being wired directly to permanent wiring or in inside walls, through floors, under carpets, attached to trim or walls and similar methods, shall be eliminated and permanent outlets shall be installed to provide necessary electrical demand Each branch circuit, feeder, appliance and sub-panel shall have over- current protection not exceeding its rating ARTICLE IX Section 16 (a) Every dwelling unit or guest room shall have access directly to the outside or to a public corridor which leads to an exterior exit Such exits shall be maintained in a safe condition and installed in -7- accordance with all applicable laws at the time of their construction and shall have enlarged or expanded in relation to any increase in occupant load, alteration, addition, or any change in occupancy as defined in the City Building Code For Group R, Division 1 Occupancies, as defined in the City Building Code, more than two stories in height, the provisions of "Appendix Chapter 12, Existing Buildings" of the City Building Code shall apply All occupants shall have unobstructed access to the public way (b) Every sleeping room below the fourth story shall have at least one openable window or exterior door approved for emergency egress or rescue The units shall be operable from the inside to provide a full clear opening without the use of separate tools All egress windows shall conform to Chapter 12 of the City Building Code except as provided in this section When sleeping rooms are not provided with emergency egress as specified in the City Building Code, the following provisions shall apply 1 A smoke detector conforming to the City Building Code for new construction shall be installed within each sleeping room not having an emergency egress window as stated above Such detectors shall be electrically interconnected with a primary smoke detector located on the wall or ceiling in the hall giving access to sleeping rooms Where access to sleeping rooms is provided by a stairway, the primary smoke detector shall be located at the center of the ceiling directly above the stairway All interconnected detectors shall be wired such that activation of any one will cause activation of all others simultaneously 2 In addition to the preceding requirement, where any sleeping room is within a dwelling unit that is located below the first story, and such sleeping room is not provided with an egress window having a maximum sill height of 60 inches above the floor and a minimum openable dimension of 18 inches, such sleeping room shall have unobstructed access to a second exit or emergency egress window conforming to the City Building Code in an adjoining habitable room other than sleeping room Such exit or emergency egress window shall be remotely located from the principal exit a distance as specified in the City Building Code for arrangement of exits and shall be totally unobstructed, be permanently identified with a sign having letters no less than one-inch high stating "emergency exit" , and be readily openable requiring no more than one unlatching operation (c) Stairway stringers shall have solid bearing at top and bottom Public stairways used for egress routes in areas serving more than one dwelling unit or guest room shall have the following minimum dimensions 1 a width of 30 inches -8- 2 75 inches of headroom measured vertically from the nose of the tread at tread level to the soffit above 3 the rise of steps in such stairways shall not exceed eight (8) inches nor shall the tread be less than nine (9) inches in width 4 the greatest riser height throughout any one flight of stairs shall not exceed the smallest by more than 3/8 inch Every interior stairway and every exterior stairway shall be provided with handrails as specified in the City Building Code and shall be securely fastened to the wall or to a sturdy balustrade Handrails need not be installed on stairways providing access to unused cellar or attic space (d) Guardrails shall be located and installed as specified by the City Building Code, except that porches and exterior landings less than 36 inches above grade serving only one dwelling unit may have guardrails no less than 24 inches high ARTICLE X Section 17 (a) Any building or portion thereof including any dwel- ling unit, guest room or suite or rooms, 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 thereof shall be deemed and hereby is declared to be a substandard building (b) Inadequate sanitation shall include but not be limited to the following 1 Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit 2 Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel 3 Lack of hot and cold running water to plumbing fixtures in a hotel 4 Lack of hot and cold running water to plumbing fixtures in a dwelling unit 5 Lack of adequate heating facilities 6 Lack of, or improper operation of required ventilating equipment 7 Lack of light and ventilation required by this code 8 Lack of required electrical lighting 9 Dampness of habitable rooms 10 Lack of connection to required sewage disposal systems 11 Lack of, or improper kitchen sink in a dwelling unit (c) Structural hazards shall include but not be limited to the fol- lowing -9- 1 Deteriorated or inadequate foundations 2 Defective or deteriorated flooring or floor supports 3 Flooring or floor supports of insufficient size to carry imposed loads with safety 4 Members of walls , partitions or other vertical supports that split, lean, list or buckle due to defective material or deter- ioration 5 Members of walls, partitions or other vertical supports that are of unsufficient size to carry imposed loads with safety 6 Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration 7 Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety 8 Fireplaces or chimneys which list, bulge or settle, due to defec- tive material or deterioration 9 Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety (d) Any nuisance as defined in this code (e) 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 is being used in a safe manner (f) 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 and which is free of cross-connections and siphonage between fixtures (g) All mechanical equipment, including vents, except that which con- formed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition (h) 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 W Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire deparement or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause -10- (j) All materials of construction except those which are specifically allowed or approved by this code and the City Building Code, and which have been adequately maintained in good and safe condition (k) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal , rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards All violations relative to this subsection shall be abated under the provisions as set forth in the following sections of the "Code of the City of Fort Collins" §54-15 through 54-20, §79-1 through 79-9 and §84-6, c (1 ) All buildings or portions thereof not provided with adequate exit facilities as required by this code except those buildings or portions thereof 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 (m) All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof 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 (n) All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies ARTICLE XI Section 18 (a) Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building (b) The building official shall issue a notice and order directed to the record owner of the building The notice and order shall contain 1 The street address and a legal description sufficient for identifi- cation of the premises upon which the building is located 2 A statement that the building official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 5 of this code -11- 3 A statement of the action required to be taken as determined by the building official ( i ) If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances hi ) If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the building official to be reasonable ( iii ) If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order) , that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable 4 Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within such time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed 5 Statements advising (1 ) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Building Board of Appeals, provided the appeal is made to writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order, and hi ) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter (c) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records, the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner of holder of any lease of record, and the holder of any other estate or legal interest of record in or to the building or the land on which it is located The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section -12- (d) Service of the notice and order shall be made upon all persons entitled thereto either pesonally or by mailing a copy of such notice and order by certified mail , postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official If no address of any such person so appears or is known to the building official , then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section Service by certified mail in the manner herein provided shall be effective on the date of mailing (e) Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official (f) Immediate and imminent hazards to the public health and safety as determined by the building official , fire marshal , or health officer, found to exist in any dwelling, guest room, or in any building containing such, or upon any premises containing such building thereon may be subject to immediate abatement as specified in §79-2of the "Code of the City of Fort Collins" Section 19 If compliance is not had 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 county recorder a certi- ficate describing the property and certifying ( i ) that the building is a substandard building, and hi ) 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 on the property described in the certificate, the building offi- cial shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate Section 20 (a) The following standards shall be followed by the building official (and by the Building Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure 1 If any building declared a substandard building under this ordinance shall either be repaired in accordance with the current City Buil- ding Code,except as provided herein, or shall be demolished at the option of the building owner -13- 2 If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated NOTICE TO VACATE Section 21 (a) Every notice to vacate shall , in addition to being served as provided in Section 18(c) , be posted at or upon each exit of the buil- ding, and shall be in substantially the following form DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice Building Official City of Fort Collins (b) Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued by him under Sub- section (b) of Section 18 , reciting the emergency and specifying the conditions which necessitate the posting No person shall remain in or enter the building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the City Building Code Any person violating this subsection shall be guilty of a misdemeanor ARTICLE XII Section 22 (a) Any person entitled to service under Section 18(c) may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal on forms therefore provided Such form shall also be accompanied with the following 1 A heading in the words "Before the Building Board of Appeals of the City of Fort Collins" 2 A caption reading "Appeal of giving the names of all appellants participating in the appeal 3 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 4 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 5 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 6 The signatures of all parties named as appellants and their official mailing addresses -14- 7 The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal The appeal shall be filed within 30 days from the date of service of such order or action of the building official , provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 1104, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official (b) 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 Board of Appeals (c) Upon the next regularly scheduled meeting of the Building Board of Appeals, but no less than five days nor more than 45 days from the date of appeal filing, a hearing for said appeal shall be heard pursuant to the procedures specified in §38-2 MM of the "Code of the City of Fort Collins" Section 23 Failure of any person to file an appeal in accordance with the provisions of Sections 18 and 22 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or to any portion thereof Section 24 Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal STAYING OF ORDER UNDER APPEAL Section 25 Except for vacation orders made pursuant to Section 20, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed ARTICLE XIII Section 26 Procedures for hearing any appeal as provided for in this code shall be in accordance with §38-2 MM of the "Code of the Clty of Fort Collins" ARTICLEXIU Section 27 (a) After any order of the building official or the Building Board of Appeals made pursuant to this code 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 is guilty of a misdemeanor (b) If, after any order of the building official or the Building Board of Appeals made pursuant to this code has become final , the person to whom -15- such order is directed shall fail , neglect or refuse to obey such order, the building official may h ) cause such person to be prosecuted under Subsection (a) of this section or (11 ) institute any appropriate action to abate such building as a public nuisance (c) Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective Ii 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 Section 21(a) of this code 2 flo person shall occupy any building which has been posted as speci- fied in this subsection 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 Code Section 28 Upon receipt of an application form from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the building offi- caal may, in his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition If 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 prem- ises and will not in any way affect or extend the time to appeal his notice and order Introduced, considered favorably on first reading, and ordered pub- lished this 16th day of February, A D 1982, and to be presented for final passage on the 16thday of March, A D 1982 q ii& Mayor ATTEST Cilty Clerk Passed and adopted on final reading thisl6thday of March, A D 1982 ATTEST M yoIW&& _q� City Clerk -16-