§ 6-122. Minimum standards.

(a)

The minimum standards that shall determine the suitability of a building for continued use or occupancy, regardless of the date of construction, are those found in the town's adopted building, electrical, plumbing, gas, mechanical, existing buildings and fire prevention codes. Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this section, shall be determined by the building inspector.

(b)

Application of standards. The following standards shall be utilized by the building official and the town council in determining whether a building should be declared unsafe and ordered vacated (in cases of emergency), secured, repaired, removed, demolished, or the occupants relocated:

(1)

The building, structure, or any part thereof is liable to partially or fully collapse.

(2)

The structure or any part thereof was constructed or maintained in violation of any provision of the town's building code, or any other applicable ordinance or law of the town, county, state or federal government.

(3)

The foundation or the vertical or horizontal supporting members are 25 percent or more damaged or deteriorated.

(4)

The non-supporting coverings of walls, ceilings, roofs, or floors are 50 percent or more damaged or deteriorated.

(5)

The structure or any part thereof has been damaged by fire, water, wind, vandalism, or other cause to such an extent that it has become dangerous to the public health, safety, and welfare.

(6)

The structure or any part thereof has inadequate means of egress as required by the town's building code if it is intended for human habitation or occupancy.

(7)

The structure does not have adequate light, ventilation, or sanitation facilities as required by the town's building code and plumbing code.

(8)

Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged.

(9)

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

(10)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

(11)

Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.

(12)

Adequate facilities for egress in case of fire or panic shall be provided.

(13)

The roof, flashing, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained.

(14)

There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.

(15)

There shall be no use of the ground for floors, or wood floors on the ground if it is intended for human habitation or occupancy.

(16)

If the building or structure is intended for human habitation or occupancy, it shall be connected to a potable water supply supplied through an approved pipe distribution system, and a kitchen sink, bathtub or shower, and lavatory connected to a cold and hot water source. Each building or structure shall be connected to a public sewer or other approved sewage disposal system as required by town ordinance and a toilet connected to a water source and to a public sewer system (where such is available). All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the municipal sewer when required by town ordinance or law, or when inadequate and unsanitary pit privies or septic tanks exists shall be deemed substandard.

(17)

All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the town building code.

(18)

All plumbing fixtures shall meet the standards of the town building code and shall be maintained in a state of good repair and in good working order.

(19)

Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.

(20)

If the building because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits if it is intended for human habitation or occupancy, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the building official or an authorized representative to be a fire hazard.

(21)

When a building which is partially constructed has not had any significant construction work done on it in the preceding six months, and it is not secured by a fence or other means to prevent children and vagrants from entering the building.

(c)

If the building official identifies that a building is unsafe, the official shall proceed to identify whether the building should be repaired, secured, demolished under the standards contained herein and in accordance with the following:

(1)

If the structure is in such a condition as to make it hazardous to the health, safety or general welfare of its occupants or the public, it shall be ordered vacated (in cases of emergency) and secured, and the order may also require the occupants to be relocated.

(2)

If the structure can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the provisions of this article, it shall be ordered remedied or repaired. Repairs shall be deemed feasible if only less than 50 percent of the structure or the building must be repaired or replaced.

(3)

In any case where more than 50 percent or more of its value or structure is damaged or deteriorated, a building shall be demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer exist in violation of the provisions of this article, it shall be demolished or removed.

(d)

If the town council determines the building to be unsafe, it shall issue an order based upon this determination, requiring the owner of the building to vacate (in cases of emergency), repair, secure, demolish or relocate the occupants from the building. The order shall specify a reasonable time as provided in section 6-164(b) for the ordered actions to be taken by the owner and an additional reasonable time as provided in section 6-164(c) for the ordered actions to be taken by the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided by the order. Each order requiring the repair, removal, or demolition of a building shall require that a permit for such repair be obtained by the owner prior to commencing work required by the order.

(Ord. No. 2009-01, art. I, § 18, 7-21-2009)