HomeMy WebLinkAbout1994-01-25 - AGENDA REPORTS - DEMOLITION UNSAFE BUILDINGS (2)AGENDA REPORT
City Manager Approval
Item to pres nted by:
917
Lynn M. Harris
URGENCYITEM
DATE: January, 25, 1994
SUBJECT: CITY PROCEDURE$ REGARDING DEMOLITION OF UNSAFE
BUILDINGS
DEPARTMENT: Community Development
BACKGROUND
A number of questions have come up regarding the structures in the City that have been red -
tagged and deemed uninhabitable. The red -tag means the building has been inspected and the
structure is unsafe. As of 5 p.m., January 24, 1994, there were 23 single-family structures red -
tagged, another 76 posted "No Entry" (99 total), 230 of multi -family units in 12 structures red -
tagged, and approximately 300 commercial structures with restricted entry red -tagged. It is
reasonable to assume there will be additional red -tags as inspections continue into the following
weeks.
Once a building is deemed unsafe, the Building Official needs to make a determination of
whether the unsafe building constitutes a hazard to the public welfare. Buildings deemed unsafe
(red -tagged) are not necessarily declared public hazards at the same time. If the conditions of
the property are contained within the private property and the Building Official has reasonable
certainty that they will remain contained on the property, then a finding that a public hazard to
the welfare of the public at large will not be made.
Buildings red -tagged on private property, that have not been found to be a hazard to the public
welfare, are the responsibility of the owner to abate. Typically, the property owner works with
the insurance company and all engineers and architects to determine whether they are going to
repair, rehabilitate, or demolish the structure. This is a private property owner decision. The
City can only involve itself in this process when the condition of a hazard to the public welfare,
as described above, has been found to exist by the Building Official. Then, due process
notifications and procedures outlined in the Uniform Building Code are put into place.
APPROVED
The City's response to individual cases will be judged by its overall response to the emergency
and by its consistency in application of code requirements and regulations. A decision made
regarding a red -tagged structure may set precedent on how remaining red -tagged structures are
handled.
There are several significant points in the law regarding City procedures, consistency, and
procedural. The City Attorney is available to elaborate on the above points. This report has been
prepared in cooperation with the City Attorney.
CITY ASSISTANCE
The above is set forth in accordance with our codes. There are, however, ways we can still assist
our residents who have suffered significant damage to their homes. These include:
-Expediting the permit process
-Waiving any City fees regarding demolitions
-Develop local contractor lists who are immediately available at reasonable rates
-Help property owners get bids
-Start an outreach program for residents in this situation and facilitate insurance company
communication, independent appraisals of property damage and repair, etc.
LH:dls
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