Ithaca City Zoning Code
ARTICLE 29
Dangerous or Abandoned Buildings
§ 29.01 Unlawful conduct.
It is unlawful for any owner or owner's agent to keep or maintain any dwelling or structure or part of a dwelling or structure which is a dangerous building as defined in § 29.02.
§ 29.02 Definition.
As used herein, the term "dangerous building" means any building or structure which has any of the following defects or is in any of the following conditions:
(a)
A door, aisle, passageway, stairway, or other means of exit does not conform to the approved fire code of the City.
(b)
A portion of the building or structure is damaged by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the damage and does not meet the minimum requirements of this article or the state construction code for a new building or structure, purpose, or location.
(c)
A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property.
(d)
A portion of the building or structure has settled to an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by this article or the state construction code.
(e)
The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
(f)
The building, structure, or a part of the building or structure is manifestly unsafe for the purpose for which it is used.
(g)
The building or structure is damaged by fire, wind, or flood, is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
(h)
A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or for other reason, is unsanitary or unfit for human habitation, is in a condition that the health officer determines is likely to cause sickness or disease, or is likely to injure the health, safety, or general welfare of people living in the dwelling.
(i)
A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(j)
A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease, or rent with a real estate broker licensed under Article 25 of the occupational code, Public Act No. 299 of 1980 (MCL § 339.2401 et seq.). For purposes of this subdivision, the term "building or structure" includes, but is not limited to, a commercial building or structure. This subdivision does not apply to either of the following:
(1)
A building or structure if the owner or agent does both of the following:
a.
Notifies the police department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the police department by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
b.
Maintains the exterior of the building or structure and adjoining grounds in accordance with this article or the state construction code.
(2)
A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the police department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subparagraph shall notify the police department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, the term "secondary dwelling" means a dwelling, including, but not limited to, a vacation home, hunting cabin, or summer home, that is occupied by the owner or a member of the owner's family during part of a year.
§ 29.03 Notice; contents; hearing officer; filing of notice with officer; service.
29.03:1.
Whenever the City Zoning Administrator determines that the whole or any part of any building or structure is a dangerous building, as defined in § 29.02, the City Zoning Administrator shall issue a notice of the dangerous and unsafe condition.
29.03:2.
Such notice shall be directed to each owner or party in interest in the building in whose name the property appears on the last local tax assessment records.
29.03:3.
All notices shall be in writing and shall be served upon the owner or party in interest directly and personally, or in lieu of personal service may be mailed by certified mail, return receipt requested, and addressed to the owner or party in interest at the address shown on the tax records, at least 10 days before the date of the hearing described in the notice. A copy of the notice shall be posted upon a conspicuous part of the building or structure.
29.03:4.
The City Zoning Administrator shall file with the Planning Commission a copy of the notice of the dangerous and unsafe condition.
29.03:5.
The notice shall specify the time and place of a hearing to be held before the Planning Commission on the condition of the building or structure, at which time and place the person or persons to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.
§ 29.04 Hearing; testimony; decision; order; nonappearance or noncompliance; review; order to show cause; costs.
29.04:1.
The Planning Commission shall take testimony from the City Zoning Administrator, the owner of the property, and any interested party or other witness. The Planning Commission shall render its decision either closing the proceedings or ordering the building to be demolished or otherwise made safe.
29.04:2.
If it is determined by the Planning Commission that the building or structure should be demolished or otherwise made safe, it shall so order, fixing a time in the order for the owner or party in interest to comply.
29.04:3.
If the owner or party in interest fails to appear or neglects or refuses to comply with the order, the Planning Commission shall file a report of its findings and a copy of its order with the City Council and request that the necessary action be taken to demolish or otherwise make safe the building or structure. A copy of the findings and order of the Planning Commission shall be served on the owner or party in interest in the manner prescribed in § 29.03.
29.04:4.
The City Council shall fix a date for the hearing, reviewing the findings and order of the Planning Commission, and shall give notice to the owner or party in interest in the manner prescribed in § 29.03 of the time and place of the hearing. At the hearing the owner or party in interest shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe and the City Council shall either approve, disapprove or modify the order for the demolition or the making safe of the building or structure.
29.04:5.
The cost of the demolition or making the building safe shall be a lien against the real property and shall be reported to the assessing officer of the City who shall assess the cost against the property on which the building or structure is located.
29.04:6.
The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If the owner or party in interest fails to pay within 30 days after mailing by the assessor of the notice of the amount due, the assessor shall add the cost to the next tax roll of the City and the amount due shall be collected in the same manner as provided by law for the collection of taxes by the City.
§ 29.05 Judicial review.
An owner or party in interest aggrieved by any final decision or order of the City Council may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision.