Minto City Ordinances
ORDINANCE #183
AN ORDINANCE TO ESTABLISH SUBSTANDARD BUILDINGS
AND STRUCTURES UNDER THE HOME RULE CHARTER OF THE
CITY OF MINTO
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF MINTO, WALSH
COUNTY, NORTH DAKOTA:
SUBSTANDARD BUILDINGS AND STRUCTURES
Section One: Definitions.
All buildings or structures which have any or all of the following defects shall be deemed "substandard buildings or structures":
(1) Those whose interior walls or other vertical structural members lean, list or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third (1/3) of its base.
(2) Those which, exclusive of the foundation, show thirty-three (33) per cent or more damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
(5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
(6) Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(7) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(8) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this city.
(9) Those buildings existing in violation of any provision of the building code adopted by this city, or any provision of the fire prevention code, or other ordinances of the city.
Section Two: Declaration of Public Nuisance.
All substandard buildings and structures within the terms of Section 1 of this article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
Section Three: Duties of Fire, Police and Health Departments.
All employees of the fire, police and health departments shall make written reports to the building inspector of all buildings or structures which are, may be, or are suspected to be "substandard buildings or structures" as herein defined. Such reports must be delivered to the building inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the above-named departments.
Section Four: Duties of Building Inspector.
The building inspector shall:
1. Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, motels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a substandard building or structure within the terms of Section 1 of this article.
2. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.
3. Inspect any building, wall or structure (as hereinafter provided for) by the fire or police department of this city as probably existing in violation of the terms of this article.
4. Notify, in writing, the owner, occupant, lessee, mortgagee, and all other persons having an interest in said building, as shown by the records in the office of the register of deeds of the County of Walsh, of any building found by him to be a substandard building or structure within the standards set forth in Section 1 of this article that:
a. The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this article.
b. The owner or occupant must vacate said building or may have it repaired in accordance with this notice and remain in possession.
c. Provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding sixty (60) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
5. Set forth in the notice provided for in subsection (4) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a substandard building or structure and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding sixty (60) days as is reasonable.
6. Report to the city council any noncompliance with the notice provided for in subsections (4) and (5) hereof.
7. Appear at all hearings conducted by the city council and testify as to the condition of substandard buildings or structures.
8. Place a notice on all substandard buildings or structures reading as follows:
"This building has been found to be a substandard building or structure by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee or mortgagee of this building and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh. It is unlawful to remove this notice until such notice is complied with."
Section Five: Standards for Repair, Vacation or Demolition Order.
The following standards shall be followed in substance by the building inspector in ordering repair, vacation or demolition:
1. If the substandard building or structure can reasonably be repaired so that it will no longer exist in violation of the terms of this article it shall be ordered repaired.
2. If the substandard building or structure is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
3. If the substandard building or structure is fifty (50) percent or more damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article it shall be demolished. In all cases where a substandard building or structure is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the State of North Dakota, it shall be demolished. The term "fifty (50) percent or more damaged or decayed or deteriorated from its original value," as used in this section, shall mean that the reasonable value of all services, labor and materials necessary to restore the structure to building code standards exceeds fifty (50)percent of the current value of the structure. The term "original value" as used in this section, shall mean the best available information utilizing; the current true and full value as shown in the assessment records, an appraisal of less than one year old or an average of the two. "Original value" should also reflect the pre-damaged or neglect, condition or value of the structure.
Section Six: Duties of City Council.
The City Council shall:
1. Upon receipt of a report of the building inspector as provided for in Section 4(6) hereof, give written notice to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a substandard building or structure should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 4(5).
2. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the records of the County Recorder of the County of Walsh shall offer relative to the substandard building or structure.
3. Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the building in question is a substandard building or structure within the terms of Section 1 hereof.
4. Issue an order based upon findings of fact made pursuant to subsection (3), commanding the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh, to repair, vacate or demolish any building found to be a substandard building or structure within the terms of this article and provided that any person so notified except the owners, shall have the privilege of either vacating or repairing said substandard building or structure.
5. Report to the city attorney the names of all persons not complying with the order provided for in subsection (4) of this section.
Section Seven: Failure to Comply with Decision of City Council.
If the owner, occupant, mortgagee or lessee fails to comply with the order of the city council, or fails to appeal to the district court within thirty (30) days as provided herein, the city, through its officers and employees, shall cause such building or structure to be repaired, vacated or demolished as ordered by the city council and shall cause the costs of such repair, vacation, or demolition to be charged against the land on which said building exists, by special assessment or as a municipal lien, or shall cause said cost of removal to be levied as a special tax against the land upon which said building stands or did stand or to be recovered in a suit at law against the owner.
Section Eight: Appeals.
a. The city council shall serve upon the owner, occupant, mortgagee, lessee and all other persons having an interest in such building so ordered repaired, vacated, or demolished, a copy of its order, such notice to be served upon such owner, occupant, mortgagee or lessee within ten (10) days after the issuance of such order. Such owner, occupant, mortgagee or lessee shall thereafter have thirty (30) days from the date of the service of such order upon him in which to appeal from such order to the district court of Walsh County, North Dakota, or to take such other legal steps to enjoin the enforcement of such order as he may deem proper.
b. Any person desiring to appeal from any order issued by the city council under and by virtue of this article shall file an undertaking in the sum of at least five hundred dollars ($500.00) to be approved by the city auditor, and conditioned that the appellant will prosecute the appeal without delay and will pay all costs that may be adjudged against him in the district court. Such undertaking shall be payable to the City of Minto, North Dakota.
Section Nine: Duties of City Attorney.
The city attorney shall:
(1) Prosecute all persons failing to comply with the terms of the notices provided for herein in Sections 4(4) and 4(5) and the order provided for in Section 6(4).
(2) Appear at all hearings before the city council in regard to substandard buildings or structures.
(3) Take such other legal action as is necessary to carry out the terms and provisions of this article.
Section Ten: Where Owner Absent from City.
In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown by the land records of the County Recorder of the County of Walsh to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the substandard building or structure to which it relates. Such mailing and posting shall be deemed adequate service.
Section Eleven: Administrative Liability.
No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the duties of this article. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city attorney until the final determination of the proceedings therein.
Section Twelve: Penalty for Disregarding Notices or Orders.
(a) The owner of any substandard building or structure who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this article to give such notice or order shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars ($100.00) for each offense, and every day Subsequent to such notice in which the said owner shall fail to comply with any notice or order as above stated, shall be deemed separate offense.
(b) The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars ($100.00) for each offense, and every day subsequent to such notice for failure to comply with any notice or order as above stated, shall be deemed a separate offense.
- Any person removing the notice provided for in Section 4(8) hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one hundred dollars ($100.00)for each offense.
This Ordinance shall take effect after its passage, approval, and publication.
John G. Riskey
Mayor
Attest: Tamara J. Ulland
Auditor
Passed its first reading: September 10, 2007.
Passed on its second reading: October 1, 2007.
Publication date: November 21, 2007.
