The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, do hereby ordain and resolve to adopt an ordinance to provide for the abatement of dangerous buildings.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and
Whereas, the Town wishes to create an ordinance which will provide for the abatement of dangerous buildings; and
Whereas, Colorado Revised Statute 31-15-601 empowers and authorizes municipalities, through their governing Board of Trustees, to enact ordinances which address unsafe or unsanitary conditions in buildings located within a municipality.
Now, therefore, be it ordained by the Board of Trustees of the Town Deer Trail, Colorado:
Purpose and Scope.
- 1.1 It is the purpose of this ordinance to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated, or demolished.
- 1.2 The provisions of this ordinance shall apply to all dangerous buildings, as herein defined, which are now in existence, or which may hereafter become dangerous within the Town.
Definitions.
- 2.1 A "dangerous building" is any building or structure deemed to be dangerous under any of the following provisions:
- Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
- Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
- Whenever the stress in any materials, member or portion thereof, due to all (toad and live loads, is more than one- and one-half times the working stress or stresses allowed by the uniform building code for new buildings of similar structure purpose or location.
- Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the uniform building code for new buildings of similar structure, purpose or location.
- Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
- Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the uniform building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the uniform building code for such buildings.
- Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
- Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction; removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay of inadequacy of its foundation; or any other cause, is likely to partially or completely collapse.
- Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
- Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
- Whenever the building or structure, exclusive of the foundation, shows thirty three percent or more damage or deterioration of its supporting member or members, of fifty percent damage or deterioration of its nonsporting members, enclosing or outside walls or coverings.
- Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable person to resort thereof for the purpose of committing unlawful or immoral acts.
- Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by a Town, county, or state health officer or caseworker to be unsanitary, unfit for human habitation or in such a condition that its likely to cause sickness or disease.
- Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Town fire marshal, or appropriate county of state officials, to be a fire hazard.
- Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or by state statute.
- Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
Enforcement
- 3.1 The Town Board shall appoint a building official to enforce the provisions of this ordinance. Such building official shall have at least the minimum training or education necessary to interpret and enforce the provisions of this ordinance.
- 3.2 The building official and fire marshal are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this ordinance.
- 3.3 When it is necessary to make an inspection to enforce the provisions of this ordinance, or when the building official or the building official's authorized representative, has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this ordinance which makes the building or premises unsafe, dangerous or hazardous the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this ordinance, provided that if such building or premises is occupied that credentials be presented to the occupant and entry requested. if such building or premises be unoccupied, the building official 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 entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
- 3.4 All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this ordinance are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in this ordinance.
- 3.5 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 the terms of this ordinance. Those persons or entities in violation of the provisions of this ordinance may be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each violation of this ordinance, for each day that the property is not in compliance with the provisions of this ordinance.
Notices and Orders of the Building Official.
- 4.1 When the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official shall commence proceedings to cause the repair, vacation or demolition of the building.
- 4.2 The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain the following:
- The street address and a legal description sufficient for identification of the premises upon which the building is located.
- A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this ordinance.
- A statement of the action required to be taken as determined by the building official.
- If the building official has determined that the building or structure must be repaired, the order shall require that the owner obtain all necessary permits, if any, and that all repairs commence within such time (not to exceed sixty 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.
- 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 time certain from the date of the order as determined by the building official to be reasonable.
- 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 is reasonable (not to exceed sixty days from the date of the order); that all required permits be secured therefor within sixty days from the date of the order; and that the demolition be completed with such time as the building official shall determine is reasonable. - Statements advising that if any required repair or demolition work is not commenced with the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
- Statements advising 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 Town Board, provided the appeal is made in writing and filed with the Town Clerk within thirty days from the date of service of such note and
order: and that failure to appeal in a timely manner will constitute a waiver of all right to an appeal hearing. Any appeal shall state with specificity the reasons for the appeal. - Statements advising that the order may be enforced by the municipal court for the Town of Deer Trail.
- Service of the Notice and Order may be made upon the owner of the property by either mailing a copy of the notice and order to the owner by certified mail, delivering a copy of the notice and order to the owner at his address or wherever he or she may be found, and / or by posting such notice and order to the
front door or other visible portion of the subject property.
Effective Date
This ordinance shall take effect thirty days after passage and publication.
Separability.
If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable.
Repealer.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Adopted and approved this 4th Day of May 1999
Signed: LeRoy A. Koch, Mayor
Attest: Jessica E. Stoumbough, Town Clerk