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HomeMy WebLinkAbout06396ORDINANCE NO. 6396 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO DANGEROUS BUILDINGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted, underscoring indicates matter added.) SECTION 1 Section 4 -13 -2 of Chapter 13, Title IV of the Pueblo Municipal Code, as amended, is hereby amended by amendment of paragraphs (e), (g), (1), (n), (p), (q), and (r) thereof, and the addition of a new paragraph (aa) thereto, to read as follows: Sec. 4-13-2. Amendments. (e) Section 203 entitled "Violations" of the U.D.B.C. is amended to read as follows: "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 -4] 4 -13 -5 of the Pueblo Municipal Code." (g) 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 subsection[s] 19 [and 20]: "For purposes of this Code, any building or structure which has any or all of the conditions or defects 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, neighbor- hoods, 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. "] (1) 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 -4] 4 -13 -5 of the Pueblo Municipal Code." (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 -4] 4 -13 -5 of the Pueblo Municipal Code." (p) 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 -4] 4 -13 -5 of the Pueblo Municipal Code." (q) Item 1 of Section 701.3 entitled "Failure to Commence Work" [Subsection 1] is hereby 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: (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] employ 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." as Section 402 entitled "Recordation of Notice and Order" of the U.D.B.C. is hereby/ amended to read as follows: "SECTION 402 - RECORDATION OF NOTICE AND ORDER If the repairs described in the order are either not commenced or not completed 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 certificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the repairs ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate. the building official 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 dangerous, whichever is appropriate." SECTION 2 Any person convicted of a violation of any provision of this Ordinance, Chapter 13 of Title IV of the Pueblo Municipal Code or the Uniform Code for the Abatement of Dangerous Buildings, as adopted and amended by Chapter 13, Title IV of the Pueblo Municipal Code which is declared to be unlawful, shall be punished as provided in Section 4 -13 -5 of Chapter 13, Title IV of the Pueblo Municipal Code. SECTION 3 This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED February 8. 1999 BY Cathy A. Garcia Councilperson APPROVED I h A l i JZ/L---- President of City Council ATTEST: