§ 11-411. DANGEROUS BUILDING.  


Latest version.
  • (a) For the purpose of this article, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building.

    (1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic,

    (2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

    (3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Fresno Building Code for new buildings of similar structure, purpose or location;

    (4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the Fresno Building Code for a new building of similar structure, purpose or location.

    EXCEPTION: Buildings registered on the National or Local Historic Buildings register may be constructed in accordance with California Code of Regulations, Title 24 Part 9, State Historical Building Code.

    (5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

    (6) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half that specified in the Fresno Building Code for new buildings of similar structure, purpose-or location without exceeding the working stresses permitted in the Fresno Building Code for such buildings;

    (7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction;

    (8) Whenever the building or structure, or any portion thereof, because of:

    (i) Dilapidation, deterioration, decay,

    (ii) Faulty construction,

    (iii) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or portion thereof,

    (iv) The deterioration, decay or inadequacy of its foundation; or

    (v) Any other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away;

    (9) Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;

    (10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base;

    (11) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more of damage or deterioration to the member or members, or fifty percent (50%) of damage or deterioration of a nonsupporting enclosing or outside wall or covering;

    (12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to;

    (i) Become an attractive nuisance; or

    (ii) Become a harbor for vagrants, criminals or immoral persons; or

    (iii) Enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts;

    (13) Whenever any building or structure which has been constructed, or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the Fresno Building Code as defined in this article or of any law or ordinance of the state or city relating to the condition, location or structure of buildings;

    (14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty percent (50%), or in any supporting member less than sixty-six percent (66%):

    (i) Strength;

    (ii) Fire-resisting qualities or characteristics;

    (iii) Weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location;

    (15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, or faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, or is likely to cause injury to the health, safety or general welfare of those living within;

    (16) Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;

    (17) Whenever any building or structure is in such a condition as to constitute an attractive or public nuisance known to the common law or in equity jurisprudence;

    (18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;

    (19) Whenever any building or structure is determined by the Building Official to be abandoned so as to constitute such building or portion thereof an attractive or public nuisance or hazard to the public. (Added Ord. 97-70, § 2, eff. 1-4-98).