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HomeMy WebLinkAbout07384ORDINANCE NO. 7384 AN ORDINANCE AMENDING CHAPTER 13, 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, COLORADO that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Subsection (a) of Section 4 -13 -1 of Chapter 13, Title IV, of the Pueblo Municipal Code, is hereby amended to read as follows: 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 this 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] International Building Code, 2003 edition as amended and adopted by Chapter 2, Title IV of this Code. SECTION 2 Subsection (m) of Section 4 -13 -2 of Chapter 13, Title IV, of the Pueblo Municipal Code, is hereby amended to read as follows: Sec. 4 -13 -2. Amendments. (m) 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] International 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." SECTION 3. Subsections (d) and (h) of Section 4 -13 -5 of Chapter 13, Title IV, of the Pueblo Municipal Code, are hereby amended to read as follows: Sec. 4 -13 -5. Offense; criminal penalties; permit revocation; other enforcement. (d) 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] 105.6 of the [Uniform] International Building Code or (2) any material violation of the terms of said permit or requirements applicable thereto. (h) The enforcement remedies set forth in this Section and in this Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code and the [Uniform] International Building Code are hereby expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. SECTION 4 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 5 This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED September 12, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED October 11, 2005 oAd. # -7akv- Background Paper for Proposed ORDINANCE 2 a AGENDA ITEM DATE: September 12, 2005 DEPARTMENT: Pueblo Regional Building Department David Vaughn, Director TITLE AN ORDINANCE AMENDING CHAPTER 13, TITLE IV, OF THE PUEBLO MUNICIPAL CODE, RELATING TO DANGEROUS BUILDINGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the proposed Ordinance be approved? RECOMMENDATION The proposed Ordinance should be approved. BACKGROUND Amendments are necessary in order to correct references from the Uniform Building Code to the International Building Code. FINANCIAL IMPACT None.