§ 6-159. Standards for repair, vacation, or demolition; BSB review of demolition settlement.

The following standards shall guide the code compliance director in his discretion in ordering a hearing to repair, vacate, secure, and/or demolish a dangerous building and these standards shall be observed and applied by the hearing officers who comprise the building standards board.

(1)

The director of development services, at his/her discretion, may allow additional time to develop a rehabilitation plan for occupied homesteads under special circumstances faced by the owner including, but not limited to, mental and/or physical hardships; age; income; length of occupancy; and veteran status.

(2)

If the alleged dangerous building can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this article, it shall first be ordered remedied or repaired by the hearing officers. Demolition shall be regarded as a remedy of last resort.

(3)

If the building is in such condition as to make it dangerous to the health or safety of its occupants, it shall be ordered by the hearing officers to be vacated.

(4)

In any case where a dangerous building is fifty (50) percent or more damaged or decayed or deteriorated in its structure, or fifty (50) percent or more diminished in its value due to damage, decay, or deterioration, a presumption shall arise that the building cannot be repaired. Such presumption may be appropriately rebutted by the weight of the evidence.

(5)

Principals of sound engineering practices shall be respected.

(6)

In all cases of settlement in which a responsible party enters into a voluntary demolition agreement to accept city serviced demolition, all settlement agreements shall be reviewed by the BSB prior to execution by a duly authorized city official possessing settlement authority.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 2011-05-05-0354, § 5, 5-5-11; Ord. No. 2015-10-29-0921 , § 1, 10-29-15)

Editor's note

Ord. No. 2011-05-05-0354, § 5, adopted May 5, 2011 and effective January 1, 2012, changed the title of section 6-159 from "Standards for repair, vacation, or demolition; DSDB review of demolition settlement" to "Standards for repair, vacation, or demolition; BSB review of demolition settlement." The historical notation has been preserved for reference purposes.