HomeMy WebLinkAbout06369Substituted Copy
11/23/98
ORDINANCE NO. 6369
AN ORDINANCE AMENDING TITLE IV OF THE 1971 CODE OF ORDINANCES OF THE
CITY OF PUEBLO BY THE ADDITION OF CHAPTER 13 RELATING TO DANGEROUS
BUILDINGS, ADOPTING WITH MODIFICATIONS THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, PUBLISHED AND
PROMULGATED BY THE INTER - NATIONAL CONFERENCE OF BUILDING OFFICIALS,
5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA, 90601, PROVIDING
PENALTIES FOR VIOLATIONS OF SAID CHAPTER, AND PROVIDING FOR A PUBLIC
HEARING IN RELATION THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter deleted, underscoring indicates matter added.)
SECTION 1. LEGISLATIVE FINDINGS AND PURPOSE
It is hereby found and determined that there exists or may exist in the future within
the City, buildings and structures which because of their neglected, substandard, unsafe
or dangerous condition endanger life, limb, morals, property, safety or welfare of the
general public, neighborhoods, adjacent property, or the occupants of such buildings and
structures. It is further found and determined that it is required, and the purpose of this
Ordinance is, to establish and enforce a uniform dangerous building code to prevent and
correct the existence of such adverse conditions and to mitigate the blighting impacts of
such buildings and structures so as to protect and promote public health, safety and
general welfare.
SECTION 2_
Title IV of the 1971 Code of Ordinances of the City of Pueblo is hereby amended
by the addition of the following Chapter 13 relating to dangerous buildings:
CHAPTER 13
D ANGEROUS BUILDINGS CODE
Sec. 4 -13 -1. Adoption of the Uniform Code For The Abatement of Dangerous
Buildings.
(a) The Uniform Code For The Abatement of Dangerous Buildings, 1997
Edition, published and promulgated by the International Conference of Building
Officials, 5360 South Workman Mill Road, Whittier, California, 90601 -2298, herein
referred to as the Uniform Dangerous Buildings Code or U.D.B.C., as amended by
Section 4 -13 -2 of the Pueblo Municipal Code, is hereby adopted and enacted by
reference and made a part hereof as if set out herein in full, and all references and
footnotes to the Uniform Building Code contained in the Uniform Dangerous
Buildings Code shall be construed to be and shall be references and footnotes to
the 1997 edition of the Uniform Building Code as amended and adopted by Chapter
2, Title IV of the Pueblo Municipal Code.
Three (3) copies of the Uniform Code For The Abatement of
Dangerous Buildings, all certified to be true copies, shall be on file in the office of
the City Clerk. Copies of said Uniform Dangerous Buildings Code shall be available
for sale in the office of the Pueblo Regional Building Department.
Sec. 4 -13 -2. Amendments.
(a) Section 201.2 entitled "Inspections" of the U.D.B.C. is amended to
read as follows:
"Inspections. The building official, the Chief of the Pueblo Fire
Department, and the Director of the Pueblo City- County Health Department
and their respective authorized representatives are hereby authorized to
make such inspections and to take such actions as may be required to
enforce the provisions of this Code."
Section 201.3 entitled "Right of Entry" of the U.D.B.C. is amended by
the addition of the following paragraph:
"The Municipal Court or any judge thereof shall have power, upon
complaint made before it by the Building Official or the Building Official's
authorized representative that any person has refused the Building Official
or the Building Official's duly authorized representative entrance into or upon
the building or premises owned or occupied by such person for the purpose
of inspecting the same to determine the condition thereof, to issue a warrant
commanding such building or premises to be inspected in the daytime, upon
any day of the week except Sunday."
(c) Section 201 of the U.D.B.C. is amended by the addition of a new
Section to read as follows:
"201.3.1 Notwithstanding the provisions of Section 201.3 of this Code
to the contrary, neither the Building Official nor the Building Official's
authorized representatives shall enter any building or structure occupied by
the owner thereof without the consent of said owner except pursuant to a
search warrant issued by a Judge of the Municipal Court upon affidavit made
by-
a. A person over eighteen (18) years of age that he has
personally observed conditions inside said building or structure which
make such building or structure a dangerous building as described in
Section 302 of this Code; or
b. The Building Official or the Building Official's authorized
representative that the exterior of said building or structure or the area
adjacent to said building or structure is in such poor repair and
condition that he has reasonable cause to believe that there exists in
said building or structure conditions which make such building or
structure a dangerous building as defined in Section 302 of this
Code."
Section 205 entitled "Board of Appeals" of the U.D.B.C. is amended
to read as follows:
"The authority and power to provide for final interpretation of the
provisions of this Code and to hear appeals provided for hereunder is vested
in the Building Board of Review of the Pueblo Regional Building Department
(herein "Board "). The Building Official shall be an ex -officio member of and
shall act as Secretary to said Board. The Board may adopt reasonable rules
and regulations for conducting its business and shall render all decisions and
finding in writing to the appellant with a copy to the Building Official. Appeals
to the Board shall be processed in accordance with the provisions contained
in Chapters 5 and 6 of this Code. Copies of all rules or regulations adopted
by the Board shall be delivered to the Building Official who shall make them
freely accessible to the public."
as follows:
Section 203 entitled "Violations" of the U. D. B.C. is amended to read
"No person, firm or corporation, whether as owner, agent, lessee,
sublessee or occupant, shall erect, construct, enlarge, alter, repair, move,
improve, remove, demolish, equip, rent, use, occupy or maintain any building
or premises, or cause or permit the same to be done, contrary to or in
violation of any of the provisions of this Code or any order issued by the
Building Official hereunder. Any person convicted of violating the provisions
of this Section shall be punished as prescribed in Section 4 -13 -5 of the
Pueblo Municipal Code."
(f ) Section 301 entitled "General" of the U.D.B.C. is hereby amended by
the addition of the following new definitions:
"'Building official' means and includes the director of the Pueblo
Regional Building Department, the building official appointed by the Pueblo
Regional Building Commission, and the building official's authorized
representatives.
'Misdemeanor' means and includes a Class 1 Municipal Offense.
'Health officer means and includes the Director or Acting Director of
the Pueblo City- County Health Department and the health officer's
authorized representatives.
'Fire Marshall' means and includes the Chief of the Pueblo Fire
Department and his authorized representatives.
'Legislative body of this jurisdiction' means the City Council of the City
of Pueblo.
'This jurisdiction' means the City of Pueblo, a municipal corporation."
M Section 302 entitled "Dangerous Building" is hereby modified by
amending the first and introductory paragraph thereof to read as follows and by the
addition of the following subsections 19 and 20:
"For purposes of this Code, any building or structure which has any
or all of the conditions or defec hereinafter described shall be deemed to
be a dangerous building, provided that such conditions or defects exist to the
extent that the life, limb, health, morals, safety, property, or general welfare
of the public, neighborhoods, or adjoining property, or its occupants are
endangered or injuriously affected:"
"19. Whenever any building or structure because of
inadequate maintenance, dilapidation, decay, damage, lack of
compliance with building or housing codes, or other cause, tends to
depress adjoining property values.
20. Whenever any building or structure has been ordered
to be repaired under the provisions of Chapter 4 of this Code and the
repairs have not been commenced and completed within the times
specified in the order."
Subsection 3.1 of Section 401.2 entitled Notice and order is here
amended to read as follows:
"If the building official has determined that the building or
structure must be repaired, the order shall require that (i) 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, and (ii) if the repairs are
not commenced and /or completed within the times specified in the
order, the building or structure must be demolished within ninety (90)
days after the expiration of the applicable times specified in the
order."
Q Section 401.3 entitled "Service of Notice and Order" of the U.D.B.C.
is hereby amended to read as follows:
"The notice and order, and any amended or supplemental notice and
order, shall be served upon the record owner or, if unknown or unable to be
served within the City, the order and notice shall be posted on the property
and a copy thereof mailed by first class mail, postage prepaid, to the record
owner at his last known address as shown in the records of the Pueblo
County Assessor; and one (1) copy thereof shall be mailed by first class
mail, postage prepaid, to each of the following if known to the Building
Official or disclosed from the Pueblo County Assessor's records: the
occupant of the property; 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 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 other person duly served or relieve any
such person from any duty or obligation imposed on him by the provisions
of this Section or any other Section of this Code."
Section 401.4 entitled "Method of Service" of the U. D. B. C. is hereby
amended to read as follows:
"Method of Service. Service of the notice and order shall be made
upon all persons entitled thereto either personally, or in the manner set forth
in Section 1 -1 -11(5) of the Pueblo Municipal Code, or by mailing a copy of
such notice and order by certified mail, postage prepaid, to each such
person at their address as it appears on the records of the Pueblo County
Assessor. If no address of any such person so appears or is not 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 Code. Service by
certified mail in the manner herein provided shall be effective on the date of
mailing.
Section 403 entitled "Repair, Vacation and Demolition" is amended to
read as follows:
The following standards shall be followed by the building official (and
by the board of appeals if an appeal is taken) in ordering the repair, vacation
or demolition of any dangerous building or structure:
1. Any building or structure declared a dangerous building or
structure under this Code shall be made to comply with one of the following:
1.1 The building or structure shall be repaired in
accordance with the current building code or other current code
applicable to the type of substandard conditions requiring repair; or
1.2 The building shall be demolished either at the option of
the owner, or by order of the building official (or by the board of
appeals if an appeal is taken) if the owner has failed within a
reasonable time (not to exceed 180 days after service of the notice
and order) to repair the building or structure.
2. If the building or structure is in such condition as to make it
immediately dangerous to life, limb, property or safety of the public, the
neighborhood, adjacent property, or its occupants, it shall be ordered to be
vacated."
Q Section 404.2 entitled "Compliance" of the U.D.B.C. is hereby
amended to read as follows:
"Whenever such notice is posted, the Building Official shall include a
notification thereof in the notice and order issued by him under Section
401.2, reciting the emergency and specifying the conditions which
necessitate the posting. No person shall remain in or enter any 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 Uniform Building Code. Any person who
shall be convicted of a violation of this Section shall be punished as
prescribed in Section 4 -13 -5 of the Pueblo Municipal Code."
(m) Section 601.3 entitled "Reporting" of the U.D.B.C. is hereby amended
to read as follows:
"The proceedings at the hearing shall also be reported by a certified
reporter if requested by any party thereto in writing delivered to the Secretary
of the Board at least five (5) days prior to the hearing. A transcript of the
proceedings shall be made available to all parties upon request and upon
payment of the fee prescribed therefor. Such fees may be established by
the Board, but shall in no event be greater than the direct cost involved plus
fifteen percent (15 %) for expenses directly incurred."
(n) Section 603.3 entitled "Penalties" of the U.D.B.C. is hereby amended
to read as follows:
"Any person who refuses without lawful excuse to attend any hearing,
or to produce material evidence in his or her possession or under his or her
control as required by any subpoena served upon such person as provided
for herein shall be deemed to have violated this Code and upon conviction
shall be punished as prescribed in Section 4 -13 -5 of the Pueblo Municipal
Code."
R
Section 605.8 entitled "Effective Date of Decision" of the U. D. B. C. is
hereby amended to read as follows:
"The effective date of decision shall be stated therein. The decision
may be reviewed by the District Court, Tenth Judicial District, under Rule
106(a)(4), Colorado Rules of Civil Procedure. Petition for review shall be
filed within thirty (30) days after the effective date of the decision."
�pj Section 701.1 entitled "General" of the U.D.B.C. is hereby amended
to read as follows:
"After any order of the Building Official or the Building Board of
Review 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 person who shall be convicted of violating this Section shall
be punished as prescribed in Section 4 -13 -5 of the Pueblo Municipal Code."
(q) Item 1 of Section 701.3 entitled "Failure to Commence Work"
Subsection 1 is herebv amended to read as follows:
" 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
reading:
"DANGEROUS BUILDING
DO NOT OCCUPY
It is a violation of the Uniform Code For The Abatement of Dangerous
Buildings to occupy this building or to remove or deface this notice.
Building Official"
(r) Section 801.1 entitled "Procedure" of the U.D.B.C. is hereby amended
to read as follows:
"When any work of repair or demolition is to be done pursuant to
Section 701.3 Item 3 of this Code, the Building Official may issue a request
therefor to the Director of Public Works, and the work may be accomplished
by City personnel or by private contract under the direction of said Director.
Plans and specifications therefor may be prepared by said Director, or he
may employee such architectural and engineering assistance on a contract
basis as he may deem reasonably necessary. If any part of the work is to
be accomplished by private contract, standard Public Works contractual
procedures shall be followed."
(s) Section 801.2 entitled "Costs" of the U.D.B.C. is hereby deleted.
Section 802.1 entitled "General' of the U.D.B.C. is hereby amended
to read as follows:
"The City Council may annually, out of the general fund of the City,
budget funds to defray the costs and expenses which may be incurred by the
City in doing or causing to be done the necessary work of repair or
demolition of dangerous buildings. Said funds shall be designated Repair
and Demolition Funds and shall be expended and paid upon the request of
the Director of Public Works."
(u) Section 802.2 entitled "Maintenance of Funds" of the U. D. B. C. is
hereby deleted.
(y) Section 905.1 entitled "General' of the U.D.B.C. is hereby amended
to read as follows:
"The City Council may thereupon order that said charge shall be
made a personal obligation of the property owner, or assess said charge
against the property involved, or order that said charge be both a personal
obligation and assessment. Upon recording in the Pueblo County Clerk and
Recorder's office a statement under oath of the City Manager or the City
Manager's designee showing the cost of repairs or demolition and describing
the land, such costs and interest thereon at the rate of ten percent (10 %) per
annum shall be and constitute a perpetual lien on the land having priority
over all other liens except general tax liens. Such lien shall remain in full
force and effect until such costs and interest have been paid in full. The
remedies of the City hereunder shall be cumulative."
(w) Section 909 entitled "Report to Assessor and Tax Collector: Addition
of Assessment to Tax Bill' of the U.D.B.C. is hereby amended to read as follows:
"After confirmation of the report, certified copies of the assessment
shall be aiven to the Director of Finance."
(x) Section 910 entitled "Filing Copy of Report with County Auditor" of the
U. D. B. C. is hereby amended to read as follows:
"The Director of Finance shall file a certified copy of the assessment
with the Pueblo County Treasurer with his warrant for the collection of same.
The description of the parcels reported shall be those used for the same
parcels on the Pueblo County Assessor's map books for the current year."
(y ) Section 911 entitled "Collections of Assessment: Penalties for
Foreclosure" of the U.D.B.C. is hereby amended to read as follows:
"The amount of the assessments. penalties and interest shall be
collected in the same manner as special assessments for local
improvements are collected pursuant to Chapter 1, Title XII of the Pueblo
Municipal Code, and shall be subject to the same penalties, procedure and
sale in case of delinquency as special assessments for local improvements.
All ordinances applicable to the collection and enforcement of assessments
for local improvements and municipal taxes shall be applicable to such
assessments."
(z) Section 912 entitled "Repayment of Repair and Demolition Fund" of
the U.D.B.C. is hereby amended to read as follows:
"All money collected in payment of the charge or assessment or from
the sale of the property at foreclosure sale shall be paid to the Director of
Finance who shall credit same to the General Fund."
Sec. 4 -13 -3. Conflict With Other Ordinances.
In any case where a provision of the Uniform Code For The Abatement of
Dangerous Buildings or this Chapter is found to be in conflict with any other
provision of the Pueblo Municipal Code, or any secondary code adopted thereby,
that provision which establishes the higher or more restrictive standard for the
promotion and protection of the health, safety and welfare of the people shall
p revail.
Sec. 4 -13-4. Severability.
If any part, section, subsection, sentence, clause or phrase of this Chapter
or of the Uniform Dangerous Building Code is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this Chapter
or of the Uniform Dangerous Building Code.
Sec. 4-13-5. Offenses; Criminal Penalties; Permit Revocation; Other
Enforcement.
(a) It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the
enforcement of any provision of this Chapter or the Uniform Dangerous Building
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than three hundred dollars ($300.00) or imprisonment for not more than ninety
(90) days, or both such fine and imprisonment.
It shall be unlawful and a Class 1 Municipal Offense for any person to
refuse or fail to timely comply with any order issued by the Building Official or other
designated building inspector pursuant to the provisions of this Chapter or the
Uniform Dangerous Building Code, and upon conviction thereof, the punishment
therefor shall be a fine of not more than three hundred dollars ($300.00) or
imprisonment for not more than ninety (90) days, or both such fine and
imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person to
knowingly make any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be maintained
pursuant to any requirement of this Chapter or the Uniform Dangerous Building
Code, and upon conviction thereof, the punishment therefor shall be a fine of not
more than three hundred dollars ($300.00) or imprisonment for not more than ninety
(90) days or both such fine and imprisonment.
Any permit issued pursuant to the provisions of this Chapter or the
Uniform Dangerous Building Code may be suspended, terminated or revoked by the
Building Official for (1) any of the reasons stated in Subsection 106.4.5 of the
Uniform Building Code, or (2) any material violation of the terms of said permit or
requirements applicable thereto.
(e) In the event that any owner or occupant of premises within the City
shall refuse entry to the Building Official or any building inspector, or if any premises
are locked and the Building Official or any building inspector has been unable to
obtain permission of the owner or occupant to enter, the Municipal Court is
authorized to issue a search warrant authorizing such entry in accordance with the
procedures set forth in the Colorado Municipal Court Rules.
In the event that any owner or occupant of premises within the City,
or any licensed contractor or any permittee, shall fail or refuse to comply with any
provisions of this Chapter, the Uniform Dangerous Building Code, or any permits
issued thereunder, the City may initiate an action for injunctive relief in any court of
competent jurisdiction to compel compliance with this Chapter, Uniform Code For
The Abatement of Dangerous Buildings or permit.
M A dangerous building is hereby declared to be a public nuisance. It
shall be unlawful and a Class 1 Municipal Offense for any person to own, keep,
maintain, use or occupy a dangerous building.
The enforcement remedies set forth in this Section and in the Pueblo
Municipal Code, the Uniform Code For The Abatement Of Dangerous Buildings, the
Uniform Housing Code, and the Uniform Building Code are hereby expressly
declared to be cumulative, and the exercise of any one or more of them is not
dependent upon the exercise of any other remedy, nor does the exercise of any one
or more of them constitute any bar or limitation to the exercise of any other.
SECTION 3.
A public hearing to consider the adoption of the Uniform Code For The Abatement
Of Dangerous Buildings, 1997 Edition, with modifications, shall be held in the Council
Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on November 23,
1998. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-
16 -203 of the Colorado Revised Statutes.
SECTION 4.
The adoption of this Ordinance and of the Uniform Code For The Abatement Of
Dangerous Buildings, 1997 Edition, shall not create any duty to any person, firm,
corporation, or other entity with regard to the enforcement or nonenforcement of this
Ordinance or said Code. No person, firm, corporation, or other entity shall have any
private right of action, claim or civil liability remedy against the City of Pueblo or the Pueblo
Regional Building Department, or their officers, employees, attorneys, or agents, for any
damage arising out of or in any way connected with the adoption, enforcement, or
nonenforcement of this Ordinance or said Code. Nothing in this Ordinance or in said Code
shall be construed to create any liability, or to waive any of the immunities, limitations on
liability, or other provisions of the Governmental Immunity Act, §24 -10 -101 et seq. C.R.S.,
or to waive any immunities or limitations on liability otherwise available to the City of
Pueblo or the Pueblo Regional Building Department, or their officers, employees,
attorneys, or agents.
SECTION 5.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or of the Uniform Code For The Abatement Of Dangerous
Buildings, 1997 Edition.
SECTION 6.
The Council finds and declares that a certified true copy of the Uniform Code For
The Abatement of Dangerous Buildings, 1997 Edition, has been on file in the office of the
City Clerk of the City of Pueblo for not less than 15 days preceding the public hearing
referred to in Section 3 of this Ordinance, and shall remain in said office for public
inspection. After adoption of this Ordinance, a copy of the Uniform Code For The
Abatement Of Dangerous Buildings, 1997 Edition, shall be kept in the office of the City
Clerk and in the office of the Pueblo Regional Building Department at 316 West 15th
Street, Pueblo, Colorado. Copies of the Uniform Code For The Abatement Of Dangerous
Buildings, 1997 Edition, and this Ordinance shall be available through the Pueblo Regional
Building Department for purchase by the public at a moderate price.
SECTION 7.
This Ordinance shall become effective 30 days after final passage and approval.
INTRODUCED October 26, 1998
BY Rich Golenda
Councilperson
ATTEST:
'0
APPROVED:
President of 6e C4 Council
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