23.22.120 Unsafe buildings.
A. General. Any building or portion thereof that is determined be an unsafe building in accordance with the Building Code, Chapter 23.20 BCC, or any building or portion thereof, including any dwelling unit or the premises on which the same is located, in which there exist any of the conditions referenced in this section to an extent that endangers the life, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be unsafe buildings.
B. Inadequate Sanitation. Buildings or portions thereof shall be deemed unsafe when they have inadequate sanitation. Inadequate sanitation shall include, but not be limited to, the following:
1. Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit, lodging house, or congregate residence.
2. Lack of or improper kitchen sink in a dwelling unit.
3. Lack of hot and cold running water to plumbing fixtures.
4. Lack of adequate heating facilities.
5. Lack of or improper operation of required ventilating equipment.
6. Lack of minimum amounts of natural light and ventilation required at the time the building or the affected portion of the building was permitted and constructed.
7. Room and space dimensions less than the amount required at the time the building or the affected portion of the building was permitted and constructed.
8. Lack of required electrical lighting.
9. Dampness of habitable rooms.
10. Infestation of insects, vermin or rodents as determined by the health officer.
11. General dilapidation or improper maintenance.
12. Lack of connection to required sewage disposal systems.
13. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.
C. Structural Hazards. Buildings or portions thereof shall be deemed unsafe when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following:
1. Deteriorated or inadequate foundations.
2. Ineffective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.
9. Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.
D. Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this chapter are deemed unsafe buildings.
E. Hazardous Electrical Wiring. Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered unsafe.
F. Hazardous Plumbing. Plumbing that was installed in violation of code requirements in effect at the time of installation of plumbing or not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures shall be considered unsafe.
G. Hazardous Mechanical Equipment. Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe condition shall be considered unsafe.
H. Faulty Weather Protection. Buildings or portions thereof shall be considered unsafe when they have faulty weather protection, which shall include, but not be limited to, the following:
1. Deteriorated, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
I. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief or fire marshal of the fire department, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered unsafe.
J. Materials of Construction. The use of materials of construction, except those that are specifically allowed or approved by this chapter and the Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be unsafe.
K. Hazardous or Insanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fire, health or safety hazards that shall be abated in accordance with the procedures of this chapter and Chapter 1.18 BCC.
L. Inadequate Exits. Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of this chapter, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered unsafe.
Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered unsafe when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exits, or when other conditions exist that are dangerous to human life.
M. Inadequate Fire-Protection or Firefighting Equipment. Buildings or portions thereof shall be considered unsafe when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this chapter, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
N. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered unsafe. (Ord. 6535 § 1, 2020.)